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sentencing Flashcards

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1
Q

What are the 4 types of sentencing?

A

Custodial, Community orders, Fines, Discharges

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2
Q

What act says when custodial sentences can be imposed?

A

S152 Criminal Justice Act (2003)

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3
Q

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

A

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

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4
Q

What are the 4 types of custodial sentence?

A

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

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5
Q

Mandatory means that judges…

A

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

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6
Q

What offence is sentenced with mandatory life?

A

Murder

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7
Q

What does parole mean?

A

Being released into society under certain rules and conditions

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8
Q

What is the maximum tariff that can be imposed?

A

Life

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9
Q

What sort of murderers will the maximum tariff apply to?

A
  • Child murderers where there was a sexual motive

- A murder done for ideological/political reasons

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10
Q

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

A
  • R v Couzens (Sarah Everard)

- R v Mair (Jo Cox)

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11
Q

What is the average tariff for a mandatory life sentence?

A

15 years

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12
Q

What is a discretionary life sentence?

A

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.

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13
Q

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

A

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

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14
Q

What is a fixed term sentence?

A

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.

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15
Q

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

A

Theft, burglary, ABH, section 20 wounding & GBH

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16
Q

What is a suspended sentence?

A

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.

17
Q

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

A

Minor theft, battery, assault

18
Q

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

A

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

19
Q

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

A

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

20
Q

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

A

between 40-300 hours

21
Q

What is the most common sentence? Why?

A

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.

22
Q

Who is a fine paid to?

A

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

23
Q

What are the two types of discharges?

A

Conditional Discharge, Absolute Discharge

24
Q

What is a conditional discharge?

A

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.

25
Q

When may a conditional charge be used?

A

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

26
Q

What is an Absolute Discharge?

A

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

27
Q

When may a court impose an absolute discharge?

A

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

28
Q

What factors make a D’s sentencing harsher?

A

Aggravating factors

29
Q

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

A

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

30
Q

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

A

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

31
Q

What section if which Act states the aims of sentencing?

A

S142 Criminal Justice Act 2003

32
Q

What are the 6 aims of sentencing?

A

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

33
Q

What is Denunciation?

A

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.

34
Q

Explain the aim of reducing crime?

A

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.

35
Q

Explain the aim of Punishment:

A

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

36
Q

Explain the aim of Rehabilitation:

A

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.

37
Q

Explain the aim of Reparation:

A

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.

38
Q

Explain the aim of Protection of the Public:

A

This sentence protects the public from dangerous or persistent offenders.

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