Sentencing Flashcards
Why do we give people punishments?
punishment of offenders protection of public reduction of crime reform and rehabilitation reparation
What is the key Act?
Sentencing Act 2020
What is the aim of Punishment?
Sometimes known as retribution
It contains an element of revenge
This does not concern with altering the offenders future behaviour
Punishment should be proportionate to the crime
What is an example of punishment?
“An eye for an eye and a tooth for a tooth and a life for a life”
It was used to justify the use of the death penalty for the offence of murder
What is the protection of the public?
Something refferred to as incapacitation
Protecting the public from dangerous offenders
What is an example of protecting the public?
Long prison sentences are given to those who commit violent/sexual crimes
Other ways for less serious offences can be:
exclusion requirement
curfew requirement
driving ban
What is deterrence?
Aim that seeks to put people off committing crime
What are the types of deterrence?
Individual - prison sentence, suspended sentence
General - heavy fine, long prison sentence
What is reform and rehabilitation?
Aims to reform the offender
Trying to stop the behaviour that caused the crime
Reduce likelihood of future re-offending
What is an example of rehabilitation?
Individual sentences:
- a drug addict will get drug rehabilitation
What is reparation and what are examples of it?
Compensating the victim for the harm caused Paying the victim a sum of money Returning stolen property Apologising Unpaid work
What is reparation and what are examples of it?
Compensating the victim for the harm caused Paying the victim a sum of money Returning stolen property Apologising Unpaid work
What are the factors that affect sentencing?
Mitigating and Aggravating
What is a mitigating factor?
Factor that may reduce the sentence
What are some mitigating factors?
First offence Remorse Mental illness Self defence Plead guilty
What is a aggravating factor?
Factors that make a crime more serious and may increase sentence
What are examples of aggravating factors?
Previous convictions Bail Racially and religiously aggravated Vulnerable victim Serious injury Group or gang crime
What are the types of sentences?
custodial
fine
community
discharge
What are custodial sentences?
The most severe punishment a court can give
Meant to be used only for serious offences
What is a mandatory life sentence?
Sentence given for murder
The starting points range from 15 years up to whole life
What is a discretionary life sentence?
For other serious offences the judge does not have to impose a life sentence but can if he wishes and some examples are manslaughter, rape and robbery
What is a discretionary life sentence?
For other serious offences the judge does not have to impose a life sentence but can if he wishes and some examples are manslaughter, rape and robbery
What is a fixed term sentence?
Imprisonment for a set number of months months or years is called a fixed term sentence
After they have served half of the sentence they may get released
What is a fixed term sentence?
Imprisonment for a set number of months months or years is called a fixed term sentence
After they have served half of the sentence they may get released
What is a suspended prison sentence?
The sentence does not take effect immediately
The court will fix a time during which the sentence is suspended
If the defendant doesn’t reoffend within the fixed time, prison sentence will be served
If the defendant does reoffend the prison sentence will be served immediately
What are community sentences?
Sentencing Act 2020 created one community order under which courts can mix + match different community requirements in order to meet the needs of the individual offender
What are examples of community sentences?
unpaid work requirement exclusion requirement curfew requirement programme requirement drug/alcohol rehabilitation requirement
What are fines?
A common sentence used by the Magistrates Court
Maximum fine that is available to this court is £5000
What is a conditional discharge?
The court discharges the offender on the condition that no further offence is commited during a set period of up to 3 years
Conditional discharges are widely used by Magistrates Court for first time minor offenders
What is a conditional discharge?
The court discharges the offender on the condition that no further offence is commited during a set period of up to 3 years
Conditional discharges are widely used by Magistrates Court for first time minor offenders
What is an absolute discharge?
No penalty is imposed
An example could be tax disc on a vehicle has fallen to the floor - it is technically not being displayed so an offence has been committed
