sentencing

Question 1

What are the 4 types of sentencing?

Answer 1

Custodial, Community orders, Fines, Discharges

Question 2

What act says when custodial sentences can be imposed?

Answer 2

S152 Criminal Justice Act (2003)

Question 3

When does S152 Criminal Justice Act say custodial sentences can be imposed?

Answer 3

The offence is so serious that neither a fine or community sentence is enough.

Question 4

What are the 4 types of custodial sentence?

Answer 4

mandatory life sentence
discretionary life sentence
fixed term life sentence
suspended sentence

Question 5

Mandatory means that judges…

Answer 5

have no option but to give a life sentence to the D

Question 6

What offence is sentenced with mandatory life?

Answer 6

Murder

Question 7

What does parole mean?

Answer 7

Being released into society under certain rules and conditions

Question 8

What is the maximum tariff that can be imposed?

Answer 8

Life

Question 9

What sort of murderers will the maximum tariff apply to?

Answer 9

• Child murderers where there was a sexual motive

- A murder done for ideological/political reasons

Question 10

Name 2 cases where the D’s got a whole life tariff:

Answer 10

• R v Couzens (Sarah Everard)

- R v Mair (Jo Cox)

Question 11

What is the average tariff for a mandatory life sentence?

Answer 11

15 years

Question 12

What is a discretionary life sentence?

Answer 12

The maximum sentence for an offence is life BUT the Judge does not have to impose life. The judge will decide the sentence using mitigating and aggravating factors to help them.

Question 13

What type of offences will normally be sentenced with discretionary life sentence?

Answer 13

Section 18 GBH & Wounding
Manslaughter
Rape
Robbery with (vast amounts of) violence

Question 14

What is a fixed term sentence?

Answer 14

Also known as determinate sentences because the judge determines exactly the length that the sentence should be using sentencing guidelines. Normally, an offender will serve 1/2 of their sentence. The remainder will be served on licence.

Question 15

What type of offences will normally be sentenced with a Fixed term sentence?

Answer 15

Theft, burglary, ABH, section 20 wounding & GBH

Question 16

What is a suspended sentence?

Answer 16

Any sentence between 14 days to 2 years can be suspended for up to 2 years. Offender doesn’t go to prison immediately, but is given the chance to stay out of trouble with up to 12 requirements set by the court.

Question 17

What type of offences will normally be sentenced with a suspended sentence?

Answer 17

Minor theft, battery, assault

Question 18

Which Act created one community order where the courts can add any of the 12 requirements which they think are necessary?

Answer 18

The Criminal Justice Act 2003 (as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012)

Question 19

What are the 4 main key requirements that can be added to a community order?

Answer 19

Unpaid work, Curfew, Programme (eg. Anger Management), Drug/Alcohol treatment

Question 20

How many hours of work will an offender have to carry out if given an unpaid work requirement?

Answer 20

between 40-300 hours

Question 21

What is the most common sentence? Why?

Answer 21

Fines. This is because most of the offences are summary offences meaning that they aren’t as serious so don’t require a custodial sentence.

Question 22

Who is a fine paid to?

Answer 22

The state (government) and it is used for the criminal/legal system

Question 23

What are the two types of discharges?

Answer 23

Conditional Discharge, Absolute Discharge

Question 24

What is a conditional discharge?

Answer 24

This is where the court releases the offender on the condition that no further offence is committed for a period of up to 3 years. If an offender does reoffend, the court can impose a sentence to replace the conditional discharge for the original offence and also a new sentence for the new offence.

Question 25

When may a conditional charge be used?

Answer 25

First time offender, someone on benefits who shows remorse, minor offence, when experience of going to court is punishment enough.

Question 26

What is an Absolute Discharge?

Answer 26

No punishment is imposed. It is used if the court decides that D has technically broken the law but is morally blameless.

Question 27

When may a court impose an absolute discharge?

Answer 27

When technically D is in breech but the company are liable.

Question 28

What factors make a D's sentencing harsher?

Answer 28

Aggravating factors

Question 29

List 3 of the factors that the Criminal Justice Act 2003 said would be aggravating;

Answer 29

Abusing a position of trust, Racial/Homophobic attack, Previous Convictions, Committing whilst on Bail, Premeditation, V is vulnerable, Vs Harm is serious, High Level of intent, Use of a weapon

Question 30

List 3 of the factors that the Criminal Justice Act 2003 said would be mitigating:

Answer 30

First time offender, D is very young/old, showing remorse, guilty plea, D has difficult home life, cooperation with police, keen to make amends, D is vulnerable

Question 31

What section if which Act states the aims of sentencing?

Answer 31

S142 Criminal Justice Act 2003

Question 32

What are the 6 aims of sentencing?

Answer 32

Denunciation, Reducing Crime, Punishment, Reparation, Rehabilitation, Protection of the public

Question 33

What is Denunciation?

Answer 33

This is where society particularly disapproves of the defendant's behaviour. A harsh sentence is imposed to show the defendant and everyone else in society that this sort of behaviour will not be tolerated.

Question 34

Explain the aim of reducing crime?

Answer 34

This is where Judges pass sentences to try and stop defendants from reoffending. This also has the effect of deterring others from offending. A harsh sentence is imposed to show that offenders will have to suffer the harsh consequences.

Question 35

Explain the aim of Punishment:

Answer 35

This sentence is purely on the basis that the defendant must be punished and the punishment is proportionate to the offence.

Question 36

Explain the aim of Rehabilitation:

Answer 36

This sentence is aimed to address the underlying problems which are causing the defendant to commit offences. The idea is to solve the problems so that the defendant no longer has to offend.

Question 37

Explain the aim of Reparation:

Answer 37

This sentence is aimed at compensating the victim and sometimes society. The defendant is making good for the offence he has committed. These are often used for less serious offences.

Question 38

Explain the aim of Protection of the Public:

Answer 38

This sentence protects the public from dangerous or persistent offenders.