sentencing

Question 1

what act covers sentencing

Answer 1

the sentencing act 2020

Question 2

where are the purposes of sentencing set out

Answer 2

chapter 1 s57 of the sentencing act 2020

Question 3

what are the 5 purposes of sentencing

Answer 3

the punishment of offenders
reduction of crime
reform and rehabilitation of offender
protection of public
reparations by offender to v

Question 4

what are the penal theory’s

Answer 4

they underpin the purpose of sentencing
they justify different sentences

Question 5

what are the 6 main penal theory

Answer 5

retribution
reparation
deterrence
rehabilitation
incapacitation
denunciation

Question 6

what’s different about denunciation

Answer 6

it’s not included in same section
found in s66 of sentencing act

Question 7

explain the aim of retribution/punishment

Answer 7

a form of revenge ‘eye for an eye’
punishment fits the crime
balance the act and sentence

Question 8

explain the aim of deterrence/ reduction of crime

Answer 8

discouraging the same offence being committed
individual or general deterrence

Question 9

explain the aim of reform/ rehabilitation

Answer 9

helping offender with problems to stop reoffending
looking at underlying problem and treating it

Question 10

explain the aim of protection of public

Answer 10

removing the offender from society to protect society from them
usually through imprisonment (or death penalty)

Question 11

explain the aim of reparation

Answer 11

a sentence that gives back to v or society
aimed at compensating v

Question 12

explain the aim of denunciation

Answer 12

express disapproval
reinforcing moral boundaries
done through an uplifting sentence

Question 13

give an example of a type of retribution/punishment sentence

Answer 13

if d kills someone they are given the death sentence

Question 14

give an example of a type of reduction of crime/ deterrence sentence

Answer 14

individual-if d spray painted they spend 20 hours cleaning spray paint
general-anti litter signs with warnings

Question 15

give an example of a type of reform/rehabilitation sentence

Answer 15

if d has a drug problem causing offences treat drug problem to stop offences

Question 16

give an example of a type of protection of the public sentence

Answer 16

if d is a mass murderer put them in prison for life

Question 17

give an example of a type of reparation sentence

Answer 17

community service
returning stolen goods/money

Question 18

give an example of a type of denunciation sentence

Answer 18

if d commits abh over a racial/sexual/gender ect prejudice increase sentence

Question 19

what are the two types of detreance

Answer 19

general
individual

Question 20

what’s individual deterrence

Answer 20

aimed at specific offender to stop them from reoffending
shifting from seriousness of crime to likelihood of reoffending

Question 21

what’s general deterrence

Answer 21

stopping others in society from committing a crime by showing them the consequences
eg by making an example R v whittan football hooligan

Question 22

what factors are taken into account when sentencing

Answer 22

the offence itself
sentencing guidelines
the offenders backround

Question 23

how is the seriousness of an offence looked at

Answer 23

culpability
was it planned, intentional, harm to v/ community

Question 24

what do aggravating and mitigating factors apply to

Answer 24

offence and offender

Question 25

what are aggravating factors

Answer 25

factors which make a crime more serious

Question 26

give examples of aggravating factors

Answer 26

use of weapon picking on venerable victim planning

Question 27

what are mitigating factors

Answer 27

factors giving the offender a more lenient sentence

Question 28

give examples of mitigating factors

Answer 28

good character no previous convictions no planning age self defence

Question 29

what can an early guilty plea do for a defendant

Answer 29

be a mitigating factor get up to a third off sentence show remorse save court money and time

Question 30

what does a pre-sentence report contain

Answer 30

age, background, previous convictions details and attitudes towards offences victims view of d risk of reoffending

Question 31

what is a vps

Answer 31

victims personal statement

Question 32

since when could the victim read a vps

Answer 32

since dec 2013 the victim could read and impact statement that the judge may take into consideration

Question 33

What are four types of sentences?

Answer 33

discharge Fine Community Custodial sentences

Question 34

When a custodial sentence is given

Answer 34

If no, other punishment will suffice

Question 35

what are the three types of custodial sentences?

Answer 35

Mandatory and discretionray life fixed term sentences, suspended sentences

Question 36

for what offence must a mandatory life sentence be given

Answer 36

Murder

Question 37

What is the usual starting point for a mandatory life sentence

Answer 37

15 years Another 10 years, if the defendant uses a weapon

Question 38

what will happen to the defendant after they serve their mandatory life sentence or discretionary life sentence

Answer 38

They are released on license into the community for the rest of their life

Question 39

for what type of offences is discretionary life given

Answer 39

Manslaughter, rape, GBH

Question 40

Who decides whether to get the defendant discretionary life

Answer 40

Judge

Question 41

how many years can you get if you’re given discretionary life?

Answer 41

Nothing to life

Question 42

what is a fixed term sentence

Answer 42

Where the court was set in max length of prison sentence. For example, if sentence for seven years, they will only serve up to 7 years.

Question 43

what happens if the defendant is only sentenced for less than two years?

Answer 43

The defendant will spend half of the time in prison and the rest on license

Question 44

What if the defendant is sentenced to more than two years?

Answer 44

The defendant will serve up to half of their time in prison and the rest on license

Question 45

what is a suspended sentence

Answer 45

Where the defendant doesn’t go to prison straight away, and if they break any terms of their sentence, they will go to prison

Question 46

How long can a sentence be suspended for

Answer 46

Two years

Question 47

What is a community sentence

Answer 47

Punishment through activities for the community

Question 48

In what act are community sentences introduced

Answer 48

criminal justice act, 2003 Sentencing act, 2020

Question 49

When is a community sentence given

Answer 49

When the crime is serious enough for more than a fine, but less serious than prison

Question 50

Up to how many hours can you be sentenced to community service?

Answer 50

300 hours

Question 51

Along with community service, what else may the defendant be asked to do?

Answer 51

Follow a number of requirements

Question 52

when a fine given

Answer 52

When the offence is less serious

Question 53

What is taken into consideration when sentencing the defendant with a fine

Answer 53

The seriousness of the crime and the amount of money that defendant has

Question 54

How much can a defendant be fined?

Answer 54

Unlimited amount within the cap of the offence

Question 55

what is a discharge?

Answer 55

Whether the defendant is released from court with no further punishment, but the offence is still put on their criminal record

Question 56

what an absolute discharge

Answer 56

When nothing else happens to the defendant in terms of punishment

Question 57

What is a conditional discharge?

Answer 57

There are conditions to the defendants discharge, for example, not drinking, and if the defendant breaks these, they could be a sentence

Question 58

What are the two types of police sentences?

Answer 58

formal cautions Conditional cautions

Question 59

what is a formal caution?

Answer 59

A warning from the police which is held on record for five years, and if the person commits another act, they could possibly be more trouble

Question 60

what is a conditional caution?

Answer 60

A formal caution with conditions attached