Sentencing Flashcards
What are the factors affecting sentencing? (8)
- Pre-sentence report
-prepared by probation service before proceeding to sentence
-offender meets probation officer + prepares report
-contains basic info; age, background, previous convictions, offenders attitude, details of offence, views of victim, likelihood of reoffending, danger to public, type of sentence recommended - aggravating factors
-make offence more serious
-use of weapon, premeditation, vulnerable victim, breach of trust, racist/religious motive
-includes previous convictions or on bail - mitigating factors
-more lenient sentence, less serious
-previous good character, personal circumstances, remorse, lack of premeditation, provoked offence, compensation
-1/3 reduction early guilty plea (s.64-75 SA 2020)
-1/10 reduction day of trial - sentencing council
-Sentencing council for England and Wales set up by the coroners and justice act 2009
-prepare sentencing guidelines, monitor operation + effect of guidelines, draw conclusions, promote awareness of sentencing
-sentencing practice to general public
What are the 5 aims of sentencing? (8)
Aim - what judge hopes it will achieve (s.57 SA 2020)
- Punishment
-Retributive sentence = punish
-offender done wrong and society expects punishment
-no reform
-threat of severe punishment = deterrent
-denunciating society expressing outrage of behaviour and condemns it - Reduction in crime (deterrence)
-Dissuading people from offending
-Specific deterrent = individual, aim is to stop reoffending
-General deterrent = public, public sees harsh sentence given -> will deter others
-particular crime in certain areas e.g. hooliganism, joyriding - reform and rehabilitation
-Used to solve issues that lie behind criminal behaviour
-includes addressing addiction, violence, social skills, employability
-individualised sentence
-probation service often involved, number of programmes outside out of prison and in to assist offenders - POTP
-strong justification for punishment and imprisonment e.g. imprisonment removes liberty
-public need protection from dangers criminals who commit violent offences - Reperation
-Offender ‘makes amends’ for crime, attempt to repair damage
-encourages to accept responsibility for crime
-restitution requires offenders to make reparation to society as whole e.g. unpaid work
-court must consider making compensation order for offender to pay victim for crime s.134 SA 2020
What are the 4 types of sentence? (8)
- Discharge
-Imposed in 8% of cases
-Convicted of an offence but the court is of the opinion that punishment is unnecessary for some reason
-Conditional discharge no further action will be taken against the offender as long as they do not commit a further offence within a specified time period (up to 3 years)
-Absolute discharge will have a criminal record but no further action is taken against them e.g. for first time offenders with very minor offence - Fine
-71% cases per year, most common
-offender to pay a financial penalty
-Imposed alone or in addition to another type of sentence
-The court must take into account the seriousness of the offence and the financial means of the offender
-If an offender is sent to prison they will not have to pay the fine - Community
-13% of cases each year
-16+
-More effective at rehabilitating offenders
-Only passed if the offence is serious enough to warrant it - s.204 Sentencing Act 2020
-Can be tailored to the needs of the individual
-Different attachments to a community order - s.201 Sentencing Act 2020:
-Unpaid Work
-Mental Health Treatment
-Alcohol Treatment Requirement
-Drug Rehabilitation Requirement
-Curfew - Custodial
-Removal of the offender’s liberty
-Only passed if offence ‘was so serious that neither a fine alone nor a community sentence can be justified for the offence.’
-MANDATORY LIFE
Murder carries an automatic mandatory life sentence
Judge will set the minimum time that is to be served (whole-life; 30 years; 25 years; 15 years; 12 years (under 18 years old)
-DISCRETIONARY LIFE
Manslaughter, rape and robbery, the judge has the power to sentence the offender anything up to life imprisonment
-FIXED-TERM
Set number of months or years
Automatically released after half
-EXTENDED DETERMINATE SENTENCE
Provide extra protection to the public
If offender is considered dangerous
Extended licence period is required
-SUSPENDED SENTENCES
6 months to 2 years
Offender does not have to go to prison
Suspended for between 1 and 2 years
What is the power of the courts? (8) (Jurisdiction)
Magistrates Court + Crown Court
-suspended sentences
-unlimited fines
-all community sentences
-all discharges
Magistrates Court
Max 6 months imprisonment (2 x 6 months for more than 1 offence)
Crown Court
Max life imprisonment
