sentencing Flashcards
which act lays out the aims of sentencing?
Section 57 Sentencing Act 2020
what are the aims of sentencing?
- Punishment
- Reduction of crime (deterrence)
- Rehabilitation
- Protection of the public
- Making of reparation by offenders to persons affected by their offences
- Denunciation (Not in the Act but a recognised aim nonetheless)
punishment
as an aim of sentencing
Punishment is about society punishing the offender for their crime
Punishment is always proportionate to the crime committed and is represented by Old Testament values such as “eye for an eye, tooth for a tooth and a life for a life”.
It is not about revenge and society does not allow vigilante justice
Example - include long prison sentences, heavy fines and unpaid work
Protection of the Public
as an aim of sentencing
- Aims to protect society from dangerous offenders
- Criminal Justice Act (2003) – if Court believes offender is a significant risk to the public, they must send them to prison.
- Examples – life imprisonment (murder/serious sexual offences), disqualification from driving (drink-driving), exclusion orders (football hooliganism), curfews (offenders who commit crimes at night)
Examples – life imprisonment, disqual from driving, exclusion orders, cu
Reduction of Crime (deterrence)
as an aim of sentencing
Aims at reducing the amount of crime in society
There are two main kinds of deterrence:
● Individual deterrence aims to ensure that the offender does not reoffend, through fear of future punishment e.g. prison sentence
● General deterrence aims at preventing other potential offenders from committing crimes. e.g. heavy sentences imposed after Summer 2011 rioting
Both are aimed at reducing future levels of crime.
Reform/Rehabilitation
as an aim of sentencing
- Aim is to reform the offender and rehabilitate them back into society
- Aims to reduce crime
- Most important for youth offenders
- Court will look at offenders background (pre-sentence report), job prospects, school reports or medical problems
Example – Community Orders with various requirements
Reparation
as an aim of sentencing
- aimed at compensating the victim of the crime, usually by ordering the offender to pay a sum of money to the victim or to make reparation (compensation)
- direct reparation can be done by bringing victims and offenders together, the offenders may see the effect of their crimes and make direct reparation
Example– compensation (all courts must consider this for V), restitution
Denunciation (Not in Act)
Society expressing disapproval of criminal activity
Condemnation of that offence and leads to justice
Reinforces moral boundaries of acceptable conduct
Can mould society’s moral views
Example – drink driving sentences (increasingly severe sentences)
Factors in Sentencing
Sentencing Act 2020 lays out factors in sentencing
* background of the fffender
* aggravating and mitigating Factors
* reduction in sentence for a guilty plea
* pre-sentence reports
* medical reports
* sentencing guidelines
Background of the Offender
- Previous convictions (similar type/nature)
- Reports – pre-sentence report (probation service - Section 31 Sentencing Act (2020)), medical reports
- Financial situation
Reduction in sentence for a guilty plea
- covered under Section 73 Sentencing Act (2020)
- Early guilty plea – 1/3rd off sentence
- Exception where evidence is overwhelming and guilt is clear (20% only)
- Guilty plea after trial starts – 1/10th off sentence
where are aggravating factors set out?
s.64-72 Sentencing Act 2020
Aggravating Factors
Sections 64-72 Sentencing Act (2020)
● previous convictions for offences of a similar nature or relevant to the present offence
● if the offender was on bail when the offence was committed
● any racial or religious hostility in the offence
● any hostility to disability or sexual orientation being involved in the offence
● if the offender pleaded not guilty.
make an offence more serious
Mitigating Factors
Sections 73-75 Sentencing Act (2020)
● no previous convictions
● showing genuine remorse
● taking a minor part in the offence
● mental illness or disability
● pleading guilty
Types of sentences for Adults
Sentencing Act (2020) - Part 10
what are the types of sentences for Adults?
Custodial Sentences
Community Orders
Fines
Discharges
what are Custodial Sentences?
For serious offences only – Court must not pass a custodial sentence unless
offence is so serious a fine/community sentence would not be justified
categories of custodial sentences
- Mandatory Life
- Discretionary Life
- Fixed-term
- Suspended
mandatory life
- custodial sentence
- only sentence a judge can impose for a murder conviction is a life sentence
- judge must state minimum number of year’s of imprisonment before eligible for release on licence
- Criminal Justice Act (2003) – gives starting points (full life term to 12 years)
- Full life – murder of a child (abduction/sexual motive), murder to advance a political, religious or racial cause.
- Aggravating and mitigating factors considered: pre-mediation/planning, vulnerable victim, torture OR no intention to kill, mercy killing
discretionary life sentences
- custodial sentence
Up to the judge whether or not to impose a life sentence
Can give a lesser sentence instead
Examples: manslaughter, Section 18 GBH OAPA (1861)
fixed term sentences
- For most prison sentences – the length of time served will depend on several factors e.g. seriousness of the crime and previous record.
- When a set number of months or years is given, this is called a ‘fixed term’.
- Prisoners are released after serving half of their sentence – on licence
suspended prison sentence
- Suspends over the offender – do not actually go to prison unless they commit another offence.
- Maximum for an adult is 2 years in Crown Court, 6 months in Mag’s
Community Orders
- Sections 200-201 Sentencing Act (2020)
- Courts combine any requirements they think are necessary to create a community order
- Essentially they mix ‘n’ match requirements
- Available to 16 and over offenders
examples of community orders
Programme requirement
Residence requirement
Drug rehabilitation requirement
Alcohol treatment requirement
Unpaid work requirement
community order
Between 40 and 300 hours work
Community work – painting, cleaning, building, conservation projects
Prohibited activity requirement
community order
Prohibits a range of activities e.g. going to a certain area, banning someone
from wearing hoodie, carrying paint/pens etc
curfew requirement
- Offender must remain at a fixed address between certain hours
- Can be up to 6 months
- Enforced with electronic tagging
Residence requirement
Offender required to live at a certain residence for a period of time
Foreign travel prohibition requirement
Banned from leaving the country for a period of time
Fines
- Part 7 Sentencing Act (2020)
- most common sentence imposed in the Magistrates’ Court – about 70 per cent of offenders are fined – whereas very few offenders receive a fine in the Crown Court
- Magistrates’ Max = £5000
- Crown Max = Unlimited
- When deciding the amount of a fine, the courts must take into account the income and assets of the offender
Discharges
- Conditional discharge – discharges offender on the condition that they don’t re-offence (common for first-time minor offences) - Section 80 Sentencing Act (2020)
- Absolute discharge – no penalty imposed – morally blameless - Section 79 Sentencing Act (2020)
