Sentencing Flashcards
What is a sentence?
Punishment, specific amount of time - community work
To “teach a lesson”
“Show there is a consequence”
Criminal justice act 2003 section 142
Any court dealing with an offender (adult) in respect of his offence must have regard to the following purpose of sentencing:
- the punishment of offenders
- the reduction of crime (including its reduction by deterrence(
- the reform and rehabilitation of offenders
- the protection of the public
- the making of reparation by offenders to persons affected by their offences
Punishment/ retributions
Criminal law takes revenge
the ‘just deserts’ theory
Deterrence
You are put off offending again
Main problem with deterrence is effectiveness - calculated by an individual based on the chances of getting caught
Rehabilitation
To make them better/ “fix” them
Protect public
Public protection is usually provided through incarceration - expensive way of dealing with offender
Reparation/restorative justice
Offender trying to repair some of the damage- may allow victim to be face to face with the offender “community payback”
What are the IPPS ? And why are they problematic ?
Indefinite detention for public protection
Advantages and disadvantages of rehabilitative sentences
+ teaches them a lesson
+ positive reinforcement
+ cheaper then prison
+ making up for the damage caused
- easy not to turn up
- causing embarrassment/shame
- code of offenders who serve many community sentences and don’t stop commit crime
- public do not want to see group of offenders
- can be seen as a “soft option” by many of the public
Sentencing from introduction to sentencing
- punishment should fit the crime
- sentencing guidelines
- seriousness is taken into account
- criminal record
- personal circumstances
- pleading guilty
Maximum sentences
Magistrates and judges are restricted by maximum sentences that are laid down by parliament in the statute covering each offence
Minimum sentences
The crime (sentences) act 1997 introduced minimum sentences for both persistent offenders, drug dealers and burglars
The act also introduced an automatic life sentence for offenders convicted of a second serious or violent offence
Factors affecting the sentence given :
- factors surrounding the offence (how serious the offence, previous convictions, whether on bail)
- effect of a guilty plea (if a defendant pleads guilty at their first opportunity to do so, up to one third will be deducted from their sentence
- the offenders background (medical or psychiatric issues)
- sentencing guidelines (by court of appeal then changed but sentencing advisory panel was set up up in 1998)
4 main categories of sentences :
- custodial sentences
- community sentences
- fines
- discharges
Discharge
Conditional - not free to go
Unconditional - free to go
