Sentencing

Question 1

Factors of Sentencing

Answer 1

The next flashcards will be about the factors of sentencing.

Question 2

When judges are setting the sentence for an offender, there are a number of different factors they can take into account. What are they?

Answer 2

Previous offences

Severity of offence

Danger to others

Likeliness to reoffend

Question 3

Statutory limits

Answer 3

The judges cannot exceed the maximum sentence that the Act of Parliament has set for that offence

For example, the maximum sentence for theft is 7 years. Judges cannot exceed this

Some offences also have minimum sentences that the judges cannot go below

For example, for a third residential burglary there is a minimum sentence of 3 years.

Question 4

Sentencing Guidelines - what are they and who creates them?

Answer 4

• The Sentencing Guidelines:
  A set of rules that need to be followed by the courts - judges and magistrates - categorizes the severity of the offence to give sentencing guidelines
• Sentencing Council 2010:
  They develop the guidelines and check they are being enforced properly and fairly

Question 5

What must a court consider when considering the seriousness of an offence under s.63 Sentencing Act

Answer 5

It must consider—
(a) The offender’s culpability in committing the offence, and
(b) Any harm which the offence—
(i) caused,
(ii) was intended to cause, or
(iii) might foreseeably have caused.

Question 6

Aggravating Factors - what are they and what would be aggravating factors?

Answer 6

• These make a crime more serious – so the sentence will be harsher, such as:
• Previous convictions - have to consider how long ago the crime was committed and how relevant that offence is to the current offence.
• Committing whilst on bail
• Offences that are motivated or have a hostile nature due to a persons presumed characteristics
• Prevalence
• Failure to comply

Question 7

Mitigating Factors - what are they and what would be mitigating factors?

Answer 7

• These make a crime less serious, so the sentence will be reduced, such as:
• Age
• Mental disorder
• No previous convictions
• Displays of remorse

Question 8

Guilty Pleas - credit

Answer 8

If they plead guilty at the first hearing, their sentence can be reduced up to a third.

If the prosecutions evidence is substantial, the credit now goes to 20%

If the D pleads guilty at the last hearing, they can get 10%

If the D changes their plea before the verdict, they get no credit.

Question 9

Aims of Sentencing

Question 10

What act sets the aim of sentencing?

Answer 10

Sentencing Act 2020, s.57(2)

Question 11

What are the five aims of sentencing?

Answer 11

Punishment
Reduction of Crime
Reform and Rehabilitation
Public Protection
Reparation of Harm to Victims

Question 12

Punishment - what is it and what should it be?

Answer 12

It is payback for having broken the law.

Sentence should be proportionate to the crime but is sometimes increased if there is a public outrage at the case.

Question 13

Reduction of Crime - what is it and what are the types?

Answer 13

Aimed to reduce the crime rate through fear of punishment

General: Stop others offending by showing how serious the crime can be punished.

Individual: Stopping defendant themselves from committing any further offences as they do not want to be sentenced again.

Question 14

Public Protection - what is it

Answer 14

Offenders are stopped from committing further offences

Incapacitation - offender is stopped/restricted from committing further offences, providing the public with some safety and protection

Most common with people who go to prison - put away so that they aren’t a danger to the public

Can also be things like speeding fines to make the person to slow down, or anger management courses so that the person isn’t a risk.

Question 15

Reform and Rehabilitation - what is it and what are its aims?

Answer 15

Aims to change the D’s behavior so that they can be reintegrated back into society and will no longer commit crime.

Usually includes drug and alcohol addiction rehab, due to this being the reason so many commit crimes - if you take away the addiction, they have no motive to commit further crimes.

Question 16

Reparation of Harm to Victims - aims - what it includes

Answer 16

Aimed at compensating the victim of the crime usually by ordering the offender to pay a sum of money.

Courts are usually readily prepared to demand the offender to pay compensation, so much so that they actually need to give a reason why they didn’t if they choose not to.

Question 17

Types of Sentences

Answer 17

Next flashcards will be on types of sentences

Question 18

Custodial Sentences - what is it

Answer 18

Is a prison sentence - most serious - under s.230 Sentencing Act the court must not pass a custodial sentence unless a fine alone nor a community sentence is reasonable.

Question 19

Mandatory Life Sentence

Answer 19

Only sentence that can be imposed when charging people for murder.
Life on license
Has a minimum number of years - tariff - after the years they are eligible for parole
If granted parole, still have conditions they have to follow for life.

Question 20

Discretionary Life Sentence

Answer 20

Sentence of life - some crimes can have this sentence, but the judge has discretion as to whether they want to impose such a high sentence.

Question 21

Fixed Term Sentence

Answer 21

Set sentence - offenders usually released half way due to good behavior

Question 22

Extended Sentence

Answer 22

○ The Sentencing Act 2020, s.255 gives the court the power to pass an extended sentence for a sexual or violent offence.

The offender is given a fixed term custodial sentence plus a further period (the extension period) during which they are at liberty but on license

Question 23

Minimum Sentence

Answer 23

○ For some offences there will be a minimum time that judges must impose and cannot go below

This includes dealing in Class A drugs or for a 3rd residential burglary

Question 24

Suspended Sentence

Answer 24

○ This is when the court sets a prison sentence, but the offender does not start serving the sentence

		○ Instead, the sentence in “suspended” pending good behavior
		
		○ If the offender does not reoffend, they will never start their sentence
		
		○ However, if they go on to reoffend they will immediately start serving the prison sentence (plus any punishment for the second offence)

Question 25

Home Detention Curfew

Answer 25

○ The Criminal Justice Act 2003, s.246 allows early release from prison on the condition that a curfew is included and enforced by an electronic tag

		○ This is to encourage offenders to restructure their lives appropriately and to prevent re-offending It also deals with problems of overcrowding in prisons

Question 26

Fines

Answer 26

Magistrates can fine £5000, or £20000 for a business
Usually a % of their weekly earnings.

Question 27

Discharge - conditional and absolute - what it is

Answer 27

• Where the offender is found guilty but the judge feels no sentence is necessary
  * Usually minor, morally blameless offences - court process may be punishment enough
• Conditional Discharge
  * Offender is discharged without punishment on the condition that no further offences are committed
  * If the offender re-offends, they can be sentenced for both offences.
• Absolute Discharge
  * No penalty at all.