Sentencing

Question 1

Under what statute are the purposes of sentencing outlined in?

Answer 1

S.142 Criminal Justice Act 2003

Question 2

What are the purposes of sentencing?

Answer 2

• Punishment
• Deterrence
• Rehabilitation
• Public Protection
• Reparation

Question 3

What is punishment?

Answer 3

Taking revenge on behalf of the victim and society

Question 4

What does s.2(2) of the Criminal Justice Act 1991 say in regard to punishment?

Answer 4

Punishment should reflect the severity of the crime

Question 5

What is general deterrence?

Answer 5

Putting the public off committing future crimes

Question 6

What is Individual deterrence?

Answer 6

Putting individuals off re-offending

Question 7

What is rehabilitation?

Answer 7

Trying to cure criminal behaviour

Question 8

What is public protection?

Answer 8

Prevents the offender from harming the public through the use of a custodial sentence

Question 9

What is reparation?

Answer 9

Offenders provide remedies for their victims or the community

Question 10

What are examples of aggravating factors?

Answer 10

• Vulnerable victim
• previous convictions
• Racially motivated

Question 11

What are examples of mitigating factors?

Answer 11

• Young defendant
• No previous convictions
• Shows remorse
• Early guilty plea

Question 12

What does S.152(2) of the Criminal Justice Act 2003 state in regards to custodial sentences?

Answer 12

A custodial sentence is only used if a fine or community sentence cannot be justified

Question 13

What are advantages of custodial sentences?

Answer 13

• Protects the public
• General deterrence
• Aids rehabilitation

Question 14

What are disadvantages of custodial sentences?

Answer 14

• re-offending is common
• Exposure to other criminals in prison
• Cost of prison upkeep

Question 15

What are community sentences?

(Examples)

Answer 15

• Unpaid work
• Drug rehab
• Curfew

Question 16

What are the advantages of community sentences?

Answer 16

• Benefits the community
• Prevents re-offending
• Makes amends to victims

Question 17

What are the disadvantages of community sentences?

Answer 17

• Less effective deterrence
• No public confidence

Question 18

What are the guidelines of fines?

Answer 18

• No maximum fine
• Must take into account the defendants finances
• Must reflect the severity of the crime

Question 19

What are the advantages of fines?

Answer 19

• Anyone can be fined if appropriate
• Only affects the offender
• Less likely to re-offend

Question 20

What are the disadvantages of fines?

Answer 20

• Defendant may not be able to afford them
• Inadequate punishment for violent crimes
• 1/3 of fines are not paid and are cancelled

Question 21

What is an absolute discharge?

Answer 21

The defendant is free to go; they are legally culpable but morally blameless

Question 22

What is a complete discharge?

Answer 22

No further action is taken unless the defendant re-offends within 3 years

Question 23

What are the advantages of discharge?

Answer 23

• Still on record despite no action
• Encourages better behaviour

Question 24

What are the disadvantages of discharge?

Answer 24

• Seen as the easy option
• Unfair on victims