Sentencing Flashcards
What act sets out the purpose of sentencing?
Section 142 of the criminal justice act 2003
What are the 5 purposes of sentencing
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
What is the definition of retribution?
Imposing a punishment because the offender deserves the punishment
What is a tariff sentence?
All offences should have a certain tariff or level of sentencing
Who sets out the tariff levels?
Sentencing council
What is the definition of deterrence?
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
What is individual deterrence?
Giving a punishment to a person to stop them committing a similar crime later on in life
What is general deterrence?
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
What is the ethical issue of general deterrence?
It sometimes requires sentence people for longer then they deserve which directly conflicts with the principle of retribution and is also unfair
What is the definition of rehabilitate?
Trying to alter offenders’ behaviour so that they will conform to community norms and not offend in the future
What is reformation?
Trying to reform the offenders’ behaviour so that they will not offend in the future
What will the court look at for reformation?
A pre sentence report which contains information such as past school reports, job prospects or medical problems
What are ways the public are protected?
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)
What is the definition of reparation?
Where an offender compensates the victim or society for the offending behaviour
What are the 2 types of reparation?
1) money
2) community projects (unpaid work to give back to the community)
What is the definition of denunciation?
Expressing society’s disapproval of an offenders’ behaviour
What are the powers of the criminal courts?
1) custodial sentence
2) fines
3) conditional discharge
4) compensation order
5) driving ban
What are the limits of sentencing in the magistrates court?
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
What are the 4 types of custodial sentence?
1) mandatory life sentence
2) discretionary life sentence
3) fixed-term sentence
4) suspended prison sentence
What is a mandatory life sentence?
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
What is a discretionary life sentence?
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)
What is a fixed term sentence?
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
What is a suspended prison sentence?
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
What is a community order?
A sentence given where the court states that the offender must do specific requirements in life to avoid going to prison
Where is the community order guidelines found?
Section 177 of the criminal justice act 2003
What are the requirements of a community order?
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
What is a unpaid work requirement?
Requires an offender to do between 40 and 300 hours of unpaid work to help the community (paint buildings, pick up rubbish)
What is a prohibited activity requirement?
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
What is a curfew requirement?
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
What is a supervision requirement?
Offender is placed under the supervision of a probation officer for a period of up to 3 years
Hat are the two types of discharge?
1) conditional discharge
2) absolute discharge
What is conditional discharge?
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
What is absolute discharge?
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)
What is a victim sub charge?
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
What are the two factors of sentencing?
1) mitigating factors
2) aggravating factors
What is a mitigating factor?
A factor that allows the court to give a lighter sentence
What are mitigating factors?
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
What is an aggravating factor?
A factor that allows the judge to give a larger sentence
What are aggravating factors?
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
What else can cause a reduction in sentence?
Pleading guilty early in court proceedings
What are the limits for pleading guilty?
First reasonable opportunity - reduced by a third
After trial set - a quarter
After trial has begun - up to a tenth
