Sentencing Flashcards
Factors of Sentencing
The next flashcards will be about the factors of sentencing.
When judges are setting the sentence for an offender, there are a number of different factors they can take into account. What are they?
Previous offences
Severity of offence
Danger to others
Likeliness to reoffend
Statutory limits
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.
Sentencing Guidelines - what are they and who creates them?
- 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
What must a court consider when considering the seriousness of an offence under s.63 Sentencing Act
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.
Aggravating Factors - what are they and what would be aggravating factors?
- 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
Mitigating Factors - what are they and what would be mitigating factors?
- These make a crime less serious, so the sentence will be reduced, such as:
- Age
- Mental disorder
- No previous convictions
- Displays of remorse
Guilty Pleas - credit
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.
Aims of Sentencing
What act sets the aim of sentencing?
Sentencing Act 2020, s.57(2)
What are the five aims of sentencing?
Punishment
Reduction of Crime
Reform and Rehabilitation
Public Protection
Reparation of Harm to Victims
Punishment - what is it and what should it be?
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.
Reduction of Crime - what is it and what are the types?
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.
Public Protection - what is it
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.
Reform and Rehabilitation - what is it and what are its aims?
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.
Reparation of Harm to Victims - aims - what it includes
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.
Types of Sentences
Next flashcards will be on types of sentences
Custodial Sentences - what is it
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.
Mandatory Life Sentence
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.
Discretionary Life Sentence
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.
Fixed Term Sentence
Set sentence - offenders usually released half way due to good behavior
Extended Sentence
○ 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
Minimum Sentence
○ 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
Suspended Sentence
○ 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)
