Sentencing

Question 1

What are aims of sentencing

Answer 1

They are what effect the magistrates and juries choice

Question 2

What act are the aims of sentencing set out in

Answer 2

Sentencing act 2020

Question 3

What are the 5 aims of sentencing

Answer 3

Deterrence, Punishment of the offender, Public protection, Reparations and Rehabilitation

Question 4

What is the definition of deterrence

Answer 4

Put people off of committing the crime

Question 5

What are the 2 types of deterrence

Answer 5

Individual and general

Question 6

What is individual deterrence

Answer 6

Aims to make the
experience of
punishment so
unpleasant that the
individual will not
re-offend

Question 7

What is general deterrence

Answer 7

Aims to discourage
others from committing that type of offence

Question 8

What is punishment of the offender

Answer 8

Punishment should reflect the severity of the crime

Question 9

What does punishment of the offender not do

Answer 9

Seek to change their future behaviour

Question 10

What is public protection

Answer 10

Protects the public from dangerous offenders by making them incapable of reoffending

Question 11

What are reparations

Answer 11

Compensating the victim for the harm caused

Question 12

How may a person be given reparations

Answer 12

Money, returning property, community work…

Question 13

What is rehabilitation

Answer 13

Aims to reform the offender and ‘cure’ the criminal behaviour

Question 14

How can you rehabilitate

Answer 14

Rehabilitate him into society, Trying to stop the behaviour that caused the crime in the first place, Reduce the likelihood of future re-offending, Particularly important for young offenders, Individualised sentences

Question 15

What can be the problem with rehabilitation

Answer 15

It can lead to inconsistencies in sentencing

Question 16

What is the definition of aggravating factors

Answer 16

Factors that make a crime more serious and can increase the sentence

Question 17

What are some examples of aggravating

Answer 17

Vulnerable victim, use of a weapon, racially motivated, serious injury, premeditated, breach of a position of trust, committed by a gang and committed whilst on bail

Question 18

What is the definition of mitigating factors

Answer 18

Factors that can reduce the sentence

Question 19

What are some examples of mitigating factors

Answer 19

Young defendant, no previous convictions, shows remorse, early guilty plea, D has a mental illness, minor injury and was in self defence

Question 20

What are the main 4 categories of sentences

Answer 20

Custodial, community, fines and discharges

Question 21

What is a custodial sentence

Answer 21

Time in prison

Question 22

What are the 4 custodial sentences

Answer 22

Mandatory, discretionary, fixed term and suspended

Question 23

What is a mandatory life sentence

Answer 23

A life sentence has to be given for murder

Question 24

What is a discretionary life sentence

Answer 24

A judge can give any sentence up until life as he sees git

Question 25

What is a fixed term sentence

Answer 25

They are given set months/ years that they have to serve and are then get released after half of their time

Question 26

What happens after a fixed term sentence

Answer 26

Are given over 12 months on community service

Question 27

What is a suspended sentence

Answer 27

Doesn't take place now but if you reoffend you will be tried for both instances

Question 28

What are the different community services

Answer 28

Unpaid work, exclusion, curfew, programmes and rehab

Question 29

What is unpaid work

Answer 29

Defendant must work between 40 and 300 hours over 12 months on a suitable project with no pay

Question 30

What is exclusion

Answer 30

Cannot go near a person or place where they have offended or caused harm too

Question 31

How log does exclusion typically last

Answer 31

2 years

Question 32

What is a curfew

Answer 32

Restricted or limited to a time out and you are usually allowed around 2 and 16 hours out a day

Question 33

How long does a curfew usually last

Answer 33

Around 12 months

Question 34

What are programmes

Answer 34

Target the offending behaviour such as anger

Question 35

What is rehabilitation

Answer 35

Help those that struggle with substance abuse

Question 36

What are the 2 types of discharges

Answer 36

Conditional and absolute

Question 37

What is a conditional discharge

Answer 37

Their D can leave on the grounds that they will not reoffend again

Question 38

If your on a conditional discharge what happens if you offend within 3 years

Answer 38

You will be tried for both offences

Question 39

What is an absolute discharge

Answer 39

No penalty imposed as technically guilty but not morally wrong

Question 40

What are 3 other powers by the court

Answer 40

Compensation orders, disqualification from driving and forfeiture order

Question 41

What is disqualification from driving

Answer 41

Cannot drive for a specific period of time

Question 41

What are compensation orders

Answer 41

Pay money to the victim for personal injury, loss and damage

Question 42

What is forfeiture

Answer 42

If not paid for it will be taken away