Sentencing Flashcards
What are the 5 aims of sentencing and the act they are contained in?
-s142 Criminal justice act 2003
-Retribution
-Deterrence
-Rehabilitation
-Protection of the public
-reparation
Retribution
-Imposing a punishment because the offender has broken the law
-eye for eye, tooth for tooth
-punishment
-offence committed and that the punishment fits the crime
-each offence should have certain tariff level of punishment.
-Sentencing council have guidelines for all main categories of offence
-Judges need to look and shouldn’t give lower than the guidelines.
Explain deterrence as a whole
-what are the two types?
-Giving a punishment aimed at putting defendant off reoffending because of fear of punishment. Prevent other offenders committing similar types of crimes
-individual and general
Individual deterrence
-Penalties imposed aim to deter individual offender
-prison sentence, suspended sentence (sentence hanging over them if they commit another crime) heavy fine
-55% adults reoffend within 2 years
-70% young offenders reoffend
General deterrence
-Potential offenders deterred by severe sentences passed by others. Deterrent sentencing. Imposed after London riots 2011. Custodial sentences given for stealing $3.50 worth of water. Clear message
-contrasts retribution as gives longer sentence than deserved.
Reform and Rehabilitation
Reform: try to reform offender beh so they wont offend in future
Rehabilitate: alter offenders be so they will conform to community norms and not reoffend. Reintegrate into society. Community orders such as drug therapy and AMP to help drug users and violent offenders. Judges use sources to give background like school reports
Reparation
-Offender compensates victim or society for the offending behaviour
-pay sum of money or make restitution eg returning stolen property. Eg restorative justice
-Ordering compensation to victim and penalty
Under what act are courts under a duty to give reasons if they do not make a compensation order?
-S130 Powers of Criminal courts (sentencing) act 2000
Protection of the public
What act introduced new sentences where the main aim is to protect the public?
-What other act?
-Public need to be protected from dangerous offenders, eg murder rape and manslaughter
-Legal aid and sentencing of offenders act 2012 - new sentences to protect the public
-Criminal justice act 2003, provision for serious offences, court send d to prison for protection of the public if risk to public in the future. Less serious eg dangerous drivers disqualified
-Imprisonment for public protection (IPP)
What are the 5 factors that the court will consider when sentencing?
-The offence
-Sentencing guidelines
-Offenders background or antecedence
-Pre-sentence reports
-Reduction in sentence for a guilty plea
What are the two types of factors?
-Aggravating and mitigating factors
Aggravating factors
-act, examples, what happens when an aggravating factor is available?
-S143 (1) CJA 2003
-Court considers seriousness and culpability in committing the offence
-eg prev convictions, premeditated, vulnerable victim, betrayal of trust, hate crime, part of gang
-Sentence may be extended
Mitigating factors
-Factor which may reduce or decrease a sentence
-mental illness of D, physical illness, no prev conviction, remorse or early guilty plea.
-Can get up to a third off sentence if plead guilty at earliest possible opportunity. Saves time money and stress
What is a tariff and who is this decided by?
What factors will be looked at?
-Tariff is the length of the sentence determined by court following sentencing council guidelines
-look at age of offender, seriousness of offence, likelihood of further crime, extent of harm to occur from more offences
What are the 4 main categories of sentence?
-Custodial sentences
-Community sentences
-Fines
-Discharges
-(additional like compensation orders)
Custodial sentences
-most severe available
-s152 Criminal Justice act 2003 offences ‘so serious that neither a fine alone nor a community sentence can be justified for the offence’
-few weeks to life
-mandatory and discretionary
-fixed term
-suspended
Mandatory life sentences
-certain offences have mandatory life sentence when committed eg murder
-S224 A CJA 2003 court must impose automatic life sentence where offender convicted 2 serious violent or sexual crimes each 10 on own
-judge states term that offender stays in custody before being released,based on seriousness, 12-life
-if suitable for release, released on licence return to prison if commit another offence
-LASPO if offender over 18 and commits second serious offence judge has to give life sentence
Discretionary life sentences
-Judge has choice of giving life for serious offences like manslaughter, rape and armed robbery
-choice based on seriousness of offence and aggravating or mitigating
-Judge can impose any but life maximum
-first comission of manslaughter rape and robbery, max sentence by statute is life
Fixed term sentences
-Set a fixed term according to whether there is a minimum or max laid don for offence in statute, seriousness and prev convictions
-offenders released after half the sentence served and spend rest on licence
-presentence report by probation (unless fixed by law) helps judge to decide on the sentence
-offender rehabilitation act 2014, rehabilitative supervision and mentoring for 12 mths after release for all serving less than 2 years
-less serious offences
What other custodial sentences can the court give?
-extended sentences, CJA for violent or sexual offences additional time period added to sentence and where on licence but more control if likely to comity further offences. Extension period no more than 5 yrs for vio and 8 sexual
-home detention curfew: crime and disorder act 1998, CJA. If released early have a curfew
-Min sentences: specified offences for repeat offenders eg drugs
-Suspended sentences: sentence deferred for up to 2 years, wont serve sentence if they don’t commit further offences in that period. If breach terms then sentence activated.
-usually where exceptional circumstances
Fines
-Courts act 2003 statutory instrument for discharge of fines by unpaid work. Discharged at rate of 6pounds for each unpaid hour of work completed. Successful
-Any offence other than murder
-LASPO abolished max fine of 5000 that magistrates can give, now impose any amount
-unlimited in CC
-based on seriousness
-many don’t pay and end up in prison
Community sentence
-CJA 2003 introduced community order
-crime and courts act 2013 states every community sentence must contain punitive element like curfew or unpaid work
-56% of those who have community sentence reoffend within 2 years
Discharges
-Conditional: first time offenders w petty crimes. Not be punished provided they don’t commit another offence for certain time, if they commit more then back to court and punished for both
-Absolute: decide they don’t need any formal punishment
Other sentences
-Driving disqualification
-compensation and restitution orders
-injunctions to prevent gangs
-CBO’s
-confiscation and civil recovery orders
-deferred sentences
-financial reporting order
-serious crime prevention orders
-mental health orders
