Sentencing

Question 1

What act sets out the purpose of sentencing?

Answer 1

Section 142 of the criminal justice act 2003

Question 2

What are the 5 purposes of sentencing

Answer 2

1) punishment of offenders
2) reduction of crime
3) reform and rehabilitation of offenders
4) the protection of the public
5) the making of reparation by offenders to persons affected by their offences

Question 3

What is the definition of retribution?

Answer 3

Imposing a punishment because the offender deserves the punishment

Question 4

What is a tariff sentence?

Answer 4

All offences should have a certain tariff or level of sentencing

Question 5

Who sets out the tariff levels?

Answer 5

Sentencing council

Question 6

What is the definition of deterrence?

Answer 6

Giving a punishment aimed at putting off the defendant from re-offending because of fear of punishment or preventing other potential offenders from committing similar crimes

Question 7

What is individual deterrence?

Answer 7

Giving a punishment to a person to stop them committing a similar crime later on in life

Question 8

What is general deterrence?

Answer 8

Where the make an example of an offender (publish the case or give a higher sentence) in order to warn other potential offenders of the type of punishment they face

Question 9

What is the ethical issue of general deterrence?

Answer 9

It sometimes requires sentence people for longer then they deserve which directly conflicts with the principle of retribution and is also unfair

Question 10

What is the definition of rehabilitate?

Answer 10

Trying to alter offenders’ behaviour so that they will conform to community norms and not offend in the future

Question 11

What is reformation?

Answer 11

Trying to reform the offenders’ behaviour so that they will not offend in the future

Question 12

What will the court look at for reformation?

Answer 12

A pre sentence report which contains information such as past school reports, job prospects or medical problems

Question 13

What are ways the public are protected?

Answer 13

1) dangerous criminals are put in prison
2) really dangerous criminals are sentenced to life
3) people with driving offences can be disqualified temporarily or permanently
4) an exclusion order (stopping the offender going to places where they might offend again)
5) curfew order (making the offender be in a specific place for certain times of the day)

Question 14

What is the definition of reparation?

Answer 14

Where an offender compensates the victim or society for the offending behaviour

Question 15

What are the 2 types of reparation?

Answer 15

1) money

2) community projects (unpaid work to give back to the community)

Question 16

What is the definition of denunciation?

Answer 16

Expressing society’s disapproval of an offenders’ behaviour

Question 17

What are the powers of the criminal courts?

Answer 17

1) custodial sentence
2) fines
3) conditional discharge
4) compensation order
5) driving ban

Question 18

What are the limits of sentencing in the magistrates court?

Answer 18

Custodial sentence - 6 months for one offence, 12 months for 2

Fines - summary offences in the magistrates court are split into 5 levels and each level has a maximum amount that they can fine. Level 1 £200, Level 2 £500, Level 3 £1,000, Level 4 £2,500 and Level 5 unlimited

Question 19

What are the 4 types of custodial sentence?

Answer 19

1) mandatory life sentence
2) discretionary life sentence
3) fixed-term sentence
4) suspended prison sentence

Question 20

What is a mandatory life sentence?

Answer 20

For the most serious offences such as murder the judge has no choice but to impose a life sentence. However they can state the minimum number of years the prisoner must serve before their eligible for release on license

Question 21

What is a discretionary life sentence?

Answer 21

Where the maximum sentence of the offence is a life sentence however the judge gets to decide whether or not they impose that (he can give less then that)

Question 22

What is a fixed term sentence?

Answer 22

Imprisonment for a set number of months or years based on the particular crime, the severity of the crime and the defendants previous record

They don’t serve this whole sentence they are released after half the amount of time

Question 23

What is a suspended prison sentence?

Answer 23

An offender can be given a suspended sentence of up to 2 years and a period of time. The offender only goes to prison if they commit another offence in the period of time stated.

After the time has passed and the offender has not recommitted the sentence will not have to be served

If the offender recommits they will have to serve the original sentence on top of any new punishment for the newer offence

Question 24

What is a community order?

Answer 24

A sentence given where the court states that the offender must do specific requirements in life to avoid going to prison

Question 25

Where is the community order guidelines found?

Answer 25

Section 177 of the criminal justice act 2003

Question 26

What are the requirements of a community order?

Answer 26

1) unpaid work requirement
2) activity requirement
3) programme requirement
4) prohibited activity requirement
5) curfew requirement
6) exclusion requirement
7) residence requirement
8) mental health treatment requirement
9) drug rehabilitation requirement
10) alcohol treatment requirement
11) supervision requirement
12) attendance centre requirement

Question 27

What is a unpaid work requirement?

Answer 27

Requires an offender to do between 40 and 300 hours of unpaid work to help the community (paint buildings, pick up rubbish)

Question 28

What is a prohibited activity requirement?

Answer 28

The restriction of where a offender can go and what they can carry\do
For example, a graffiti artist who had been caught may be banned from carrying paint in specific places

Question 29

What is a curfew requirement?

Answer 29

An offender can be ordered to remain in a specific address for between 2 and 16 hours in a 24 hour period
Enforced my security firms sending checkers and electrical ankle tags

Question 30

What is a supervision requirement?

Answer 30

Offender is placed under the supervision of a probation officer for a period of up to 3 years

Question 31

Hat are the two types of discharge?

Answer 31

1) conditional discharge

2) absolute discharge

Question 32

What is conditional discharge?

Answer 32

Where the court discharges an offender on the condition that no other offence is committed in a period of up to three years. If one is they will have the original punishment enforced as well as the punishment for the more recent crime

Question 33

What is absolute discharge?

Answer 33

No penalty is imposed
Used normally where the offender is technically guilty but morally blameless (for example, self defence which has resulted in a death)

Question 34

What is a victim sub charge?

Answer 34

Every offender gets a sub charge (amount dependent on the severity of the crime and the age of the defendant) which goes to the victim and witness general fund

Question 35

What are the two factors of sentencing?

Answer 35

1) mitigating factors

2) aggravating factors

Question 36

What is a mitigating factor?

Answer 36

A factor that allows the court to give a lighter sentence

Question 37

What are mitigating factors?

Answer 37

1) mental illness of the defendant
2) physical illness of the defendant
3) if the defendant has no previous convictions
4) evidence of genuine remorse

Question 38

What is an aggravating factor?

Answer 38

A factor that allows the judge to give a larger sentence

Question 39

What are aggravating factors?

Answer 39

1) previous convictions of a similar offence
2) if the defendant was in bail when the act was committed
3) racial or religious hostility being involved in the offence
4) hostility to disability or sexual orientation being involved in the offence
5) offender being apart of a group attacking a victim
6) a particularly vulnerable victim (child or old)
7) a victim serving the public (a nurse or doctor)
8) if the assault was premeditated

Question 40

What else can cause a reduction in sentence?

Answer 40

Pleading guilty early in court proceedings

Question 41

What are the limits for pleading guilty?

Answer 41

First reasonable opportunity - reduced by a third

After trial set - a quarter

After trial has begun - up to a tenth