Sentencing Flashcards
What are the aims of sentencing?
-retribution
-deterrence
-rehabilitation
-protection of society
-reparation
What influences sentence?
-age of offender
-nature of offence
-maximum sentence
-likelihood of reoffending
-facts of case
Custodial Sentences
used for most serious offences
-determinate
-indeterminate
-life imprisonment
-mandatory life
-whole life orders
what is a determinate sentence?
court sets amount of time in prison, half is spent in prison and half in community
what is an indeterminate sentence?
court sets minimum sentence, must be served before eligible release
when is imprisonment for life served?
-convicted of serious offence
-significant risk to public
-maximum penalty is life
what is a mandatory life sentence?
given to those guilty of murder, if release they’ll be on license for life
what is a whole life order?
very rare, given to serious and persistent offenders. only be released by permission of Secretory of State
Out of court disposals
-caution
-penalty notice for disorder
-conditional caution
what is a caution?
used of evidence of bad character if appear in court again, given for minor crimes
what is a conditional caution?
restrictions are attached e.g. rehab
court disposals
-absolute discharge
-fine
-conditional discharge
-suspended sentence order
-community order
what is conditional discharge?
no punishment as long as they don’t reoffend in certain time period
what is a suspended sentence order?
have to comply with conditions set out by court for between 14days-1year, breach may lead to imprisonment for remainder of sentence
what is a community order?
encompasses punishment and reparation to the community