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sentencing Flashcards

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1
Q

Apply for leave if he thinks the sentence was too lenient

A

Punishment of offenders, reduction of crime, reform and rehabilitation, protection of public, reparation

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2
Q

Which Act introduced the five aims of sentencing?

A

s.142 of the Criminal Justice Act 2003

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3
Q

What must the court tell the defendant when sentencing?

A

What their aims are and what they expect them to achieve

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4
Q

What are the two ways in which the offender can be punished?

A

Retribution - proportionate to the crime
Denunciation - disproportionate to the crime, overly harsh sentence to show society’s disapproval

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5
Q

What are the two types of deterrence?

A

Individual deterrence - aims to prevent an individual offender from reoffending e.g suspended sentence
General deterrence - deterring society as a whole from committing crime e.g. R v Whitton - football hooligans given life sentences

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6
Q

What is reform and rehabilitation?

A

Aiming to prevent the offender from reoffending through education and training, uses individualised sentences which meet the needs of the offender e.g anger management

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7
Q

What are some examples of sentences that protect the public?

A

Driving ban for dangerous drivers, custodial sentences, electronic tagging/curfew

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8
Q

What does s.130 Powers of the Criminal Courts (Sentencing) Act 2000 suggest?

A

The offender may be ordered to pay compensation to the victim or make restitution

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9
Q

What are the 4 factors in sentencing?

A

Offence details, aggravating and mitigating factors, reports on the offender, sentencing guidelines

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10
Q

What does s.143(1) of the Criminal Justice Act 2003 state?

A

In considering the seriousness of the offence, the court must look at how blameworthy the defendant is and whether they intended for foresaw the result

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11
Q

Aggravating factors make the sentence…

A

More serious

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12
Q

Mitigating factors make the sentence..

A

Less serious

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13
Q

What are some examples of mitigating factors?

A
  • guilty plea (s.144 Criminal Justice Act 2003)
  • mental illness/disability
  • youth/age
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14
Q

What are some examples of aggravating factors?

A
  • offence committed whilst on bail for another offence
  • offender made high profits from the offence
  • offence was racially/religiously motivated
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15
Q

What is included in the pre sentencing report?

A

Defendant’s age, background, previous convictions

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16
Q

What other reports are looked at when sentencing?

A

Medical reports, financial reports (if a fine is being considered)

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17
Q

The sentencing guidelines are issued by who and which Act were they set up by?

A

Sentencing Council, Coroners and Justice Act 2009

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18
Q

What do the sentencing guidelines give?

A

Starting point for an offence, sentencing range

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19
Q

What are the guidelines regarding reduction in sentence for a guilty plea?

A

Maximum of one third reduction for guilty plea at first instance, one tenth reduction for guilty plea after trial has started

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20
Q

What are the four types of sentences?

A

Custodial sentences, community orders, fines, discharges

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21
Q

What does the Criminal Justice Act 2003 say regarding custodial sentences?

A

They should only be passed if the crime is so serious that only a custodial sentence is justified. The court must state the reason because it removes a person’s liberty

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22
Q

What is meant by mandatory life sentence?

A

The judge must give a life sentence, and will state the minimum amount of years the defendant must serve before they are released on licence as governed by CJA2003

23
Q

What is the range of minimum terms?

A

Full life - murders of a child, terrorism, serial killers
30 years - murders of police officer, use of a weapon, racially aggravated murders
Other murders will have minimum term of 15 years

24
Q

Which is the only offence with a mandatory life sentence?

A

Murder

25
Q

What is a discretionary life sentence?

A

A life sentence which is available but the judge has a choice as to whether or not they give it

26
Q

What is an example of an offence with a discretionary life sentence?

A

Manslaughter, robbery

27
Q

What is a fixed term sentence?

A

Where the length of imprisonment is for a set amount of time

28
Q

What will the judge look at when giving a fixed term sentence?

A

The maximum sentence for that crime

29
Q

What happens when half of a fixed term sentence is served?

A

The defendant is automatically released?

30
Q

Give an example of an offence and it’s maximum fixed term sentence

A

Theft - maximum 7 years

31
Q

What is a suspended sentence?

A

A term of imprisonment is set between 14 days and 2 years but suspended between 6 months and 2 years. If the offender does not commit any further offences during this time, the prison sentence will not be served. If an offence is committed, the offender will serve the sentence plus the sentence for the latest offence

32
Q

Why may a suspended sentence be appropriate?

A

Acts as a deterrent

33
Q

Home Detention Curfew applies to which prisoners?

A

Those who are serving sentences between 3 months and 4 years

34
Q

What is a home detention curfew?

A

Prisoners live outside prison as long as they don’t break the rules of their curfew

35
Q

What is home detention curfew also known as?

A

Tags/house arrest

36
Q

What is an extended sentence?

A

Custodial sentence plus a period of licence (reporting to a probation officer, usually weekly)

37
Q

What is a minimum sentence?

A

The minimum sentence for certain crimes

38
Q

What is an example of a crime and it’s minimum sentence?

A

Trafficking a Class A drug with 2 previous convictions - 7 years minimum

39
Q

What does the Criminal Justice Act 2003 say about community orders?

A
  • For offenders over 16
  • Last up to 3 years
  • 1 - 4 requirements
  • Restricts liberty
40
Q

Which Act sets out the requirements for community orders?

A

s.177 Criminal Justice Act 2003

41
Q

What is unpaid work?

A
  • 40 - 300 hours on a suitable project selected by probation service
  • Usually 8 hours session on weekends for a 12 month period
  • Examples: planting trees, litter picking, cleaning graffiti
42
Q

What is supervision requirement?

A
  • Offender is placed under the supervision of a probation officer for up to 3 years
  • Offender must attend appointments and do work to promote personal and behavioural changes
43
Q

What is drug or alcohol treatment and testing?

A
  • Individual must agree to treatment plan, 6 - 36 months long
  • Tackle the causes of crime, prevent reoffending
44
Q

What is curfew?

A
  • Offender will be required to be in a specific place for 2 - 16 hours a day
  • Maximum of 6 months, may be enforced by electronic tagging
45
Q

What is exclusion?

A
  • Offender not allowed to enter a specific area for up to 2 years
  • May include electronic monitoring
46
Q

What is programme?

A

Offender must attend programme which is designed to addressed the reason for crime for a certain time e.g. anger management

47
Q

What is the amount of a fine based on?

A

Seventeenth of the crime, financial status of defendant

48
Q

Who are fines paid to?

A

The crown

49
Q

What percentage of cases result in discharge?

A

8%

50
Q

What type of offenders are discharged used for?

A

Minor first time offenders over 10

51
Q

What is conditional discharge?

A

No punishment unless a crime is committed within a time period

52
Q

What is absolute discharge?

A

Used when punishment is not deemed appropriate. No penalty imposed, used when defendant is technically guilty but morally blameless

53
Q

What are some other sentences?

A

Disqualification from driving, compensation order, forfeiture order

Law (51 decks)

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