Sentencing

Question 1

Why do we give people punishments?

Answer 1

punishment of offenders
protection of public
reduction of crime
reform and rehabilitation
reparation

Question 2

What is the key Act?

Answer 2

Sentencing Act 2020

Question 3

What is the aim of Punishment?

Answer 3

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

Question 4

What is an example of punishment?

Answer 4

“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

Question 5

What is the protection of the public?

Answer 5

Something refferred to as incapacitation

Protecting the public from dangerous offenders

Question 6

What is an example of protecting the public?

Answer 6

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

Question 7

What is deterrence?

Answer 7

Aim that seeks to put people off committing crime

Question 8

What are the types of deterrence?

Answer 8

Individual - prison sentence, suspended sentence

General - heavy fine, long prison sentence

Question 9

What is reform and rehabilitation?

Answer 9

Aims to reform the offender
Trying to stop the behaviour that caused the crime
Reduce likelihood of future re-offending

Question 10

What is an example of rehabilitation?

Answer 10

Individual sentences:

- a drug addict will get drug rehabilitation

Question 11

What is reparation and what are examples of it?

Answer 11

Compensating the victim for the harm caused
Paying the victim a sum of money
Returning stolen property
Apologising
Unpaid work

Question 12

What is reparation and what are examples of it?

Answer 12

Compensating the victim for the harm caused
Paying the victim a sum of money
Returning stolen property
Apologising
Unpaid work

Question 13

What are the factors that affect sentencing?

Answer 13

Mitigating and Aggravating

Question 14

What is a mitigating factor?

Answer 14

Factor that may reduce the sentence

Question 15

What are some mitigating factors?

Answer 15

First offence
Remorse
Mental illness
Self defence
Plead guilty

Question 16

What is a aggravating factor?

Answer 16

Factors that make a crime more serious and may increase sentence

Question 17

What are examples of aggravating factors?

Answer 17

Previous convictions
Bail
Racially and religiously aggravated
Vulnerable victim
Serious injury
Group or gang crime

Question 18

What are the types of sentences?

Answer 18

custodial
fine
community
discharge

Question 19

What are custodial sentences?

Answer 19

The most severe punishment a court can give

Meant to be used only for serious offences

Question 20

What is a mandatory life sentence?

Answer 20

Sentence given for murder

The starting points range from 15 years up to whole life

Question 21

What is a discretionary life sentence?

Answer 21

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

Question 21

What is a discretionary life sentence?

Answer 21

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

Question 22

What is a fixed term sentence?

Answer 22

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

Question 22

What is a fixed term sentence?

Answer 22

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

Question 23

What is a suspended prison sentence?

Answer 23

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

Question 24

What are community sentences?

Answer 24

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

Question 25

What are examples of community sentences?

Answer 25

unpaid work requirement
exclusion requirement
curfew requirement
programme requirement
drug/alcohol rehabilitation requirement

Question 26

What are fines?

Answer 26

A common sentence used by the Magistrates Court

Maximum fine that is available to this court is £5000

Question 27

What is a conditional discharge?

Answer 27

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

Question 27

What is a conditional discharge?

Answer 27

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

Question 28

What is an absolute discharge?

Answer 28

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