Sentencing Flashcards
What are aims of sentencing
They are what effect the magistrates and juries choice
What act are the aims of sentencing set out in
Sentencing act 2020
What are the 5 aims of sentencing
Deterrence, Punishment of the offender, Public protection, Reparations and Rehabilitation
What is the definition of deterrence
Put people off of committing the crime
What are the 2 types of deterrence
Individual and general
What is individual deterrence
Aims to make the
experience of
punishment so
unpleasant that the
individual will not
re-offend
What is general deterrence
Aims to discourage
others from committing that type of offence
What is punishment of the offender
Punishment should reflect the severity of the crime
What does punishment of the offender not do
Seek to change their future behaviour
What is public protection
Protects the public from dangerous offenders by making them incapable of reoffending
What are reparations
Compensating the victim for the harm caused
How may a person be given reparations
Money, returning property, community work…
What is rehabilitation
Aims to reform the offender and ‘cure’ the criminal behaviour
How can you rehabilitate
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
What can be the problem with rehabilitation
It can lead to inconsistencies in sentencing
What is the definition of aggravating factors
Factors that make a crime more serious and can increase the sentence
What are some examples of aggravating
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
What is the definition of mitigating factors
Factors that can reduce the sentence
What are some examples of mitigating factors
Young defendant, no previous convictions, shows remorse, early guilty plea, D has a mental illness, minor injury and was in self defence
What are the main 4 categories of sentences
Custodial, community, fines and discharges
What is a custodial sentence
Time in prison
What are the 4 custodial sentences
Mandatory, discretionary, fixed term and suspended
What is a mandatory life sentence
A life sentence has to be given for murder
What is a discretionary life sentence
A judge can give any sentence up until life as he sees git
What is a fixed term sentence
They are given set months/ years that they have to serve and are then get released after half of their time
What happens after a fixed term sentence
Are given over 12 months on community service
What is a suspended sentence
Doesn’t take place now but if you reoffend you will be tried for both instances
What are the different community services
Unpaid work, exclusion, curfew, programmes and rehab
What is unpaid work
Defendant must work between 40 and 300 hours over 12 months on a suitable project with no pay
What is exclusion
Cannot go near a person or place where they have offended or caused harm too
How log does exclusion typically last
2 years
What is a curfew
Restricted or limited to a time out and you are usually allowed around 2 and 16 hours out a day
How long does a curfew usually last
Around 12 months
What are programmes
Target the offending behaviour such as anger
What is rehabilitation
Help those that struggle with substance abuse
What are the 2 types of discharges
Conditional and absolute
What is a conditional discharge
Their D can leave on the grounds that they will not reoffend again
If your on a conditional discharge what happens if you offend within 3 years
You will be tried for both offences
What is an absolute discharge
No penalty imposed as technically guilty but not morally wrong
What are 3 other powers by the court
Compensation orders, disqualification from driving and forfeiture order
What is disqualification from driving
Cannot drive for a specific period of time
What are compensation orders
Pay money to the victim for personal injury, loss and damage
What is forfeiture
If not paid for it will be taken away
