sentencing Flashcards
Apply for leave if he thinks the sentence was too lenient
Punishment of offenders, reduction of crime, reform and rehabilitation, protection of public, reparation
Which Act introduced the five aims of sentencing?
s.142 of the Criminal Justice Act 2003
What must the court tell the defendant when sentencing?
What their aims are and what they expect them to achieve
What are the two ways in which the offender can be punished?
Retribution - proportionate to the crime
Denunciation - disproportionate to the crime, overly harsh sentence to show society’s disapproval
What are the two types of deterrence?
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
What is reform and rehabilitation?
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
What are some examples of sentences that protect the public?
Driving ban for dangerous drivers, custodial sentences, electronic tagging/curfew
What does s.130 Powers of the Criminal Courts (Sentencing) Act 2000 suggest?
The offender may be ordered to pay compensation to the victim or make restitution
What are the 4 factors in sentencing?
Offence details, aggravating and mitigating factors, reports on the offender, sentencing guidelines
What does s.143(1) of the Criminal Justice Act 2003 state?
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
Aggravating factors make the sentence…
More serious
Mitigating factors make the sentence..
Less serious
What are some examples of mitigating factors?
- guilty plea (s.144 Criminal Justice Act 2003)
- mental illness/disability
- youth/age
What are some examples of aggravating factors?
- offence committed whilst on bail for another offence
- offender made high profits from the offence
- offence was racially/religiously motivated
What is included in the pre sentencing report?
Defendant’s age, background, previous convictions
What other reports are looked at when sentencing?
Medical reports, financial reports (if a fine is being considered)
The sentencing guidelines are issued by who and which Act were they set up by?
Sentencing Council, Coroners and Justice Act 2009
What do the sentencing guidelines give?
Starting point for an offence, sentencing range
What are the guidelines regarding reduction in sentence for a guilty plea?
Maximum of one third reduction for guilty plea at first instance, one tenth reduction for guilty plea after trial has started
What are the four types of sentences?
Custodial sentences, community orders, fines, discharges
What does the Criminal Justice Act 2003 say regarding custodial sentences?
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
What is meant by mandatory life sentence?
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
What is the range of minimum terms?
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
Which is the only offence with a mandatory life sentence?
Murder
What is a discretionary life sentence?
A life sentence which is available but the judge has a choice as to whether or not they give it
What is an example of an offence with a discretionary life sentence?
Manslaughter, robbery
What is a fixed term sentence?
Where the length of imprisonment is for a set amount of time
What will the judge look at when giving a fixed term sentence?
The maximum sentence for that crime
What happens when half of a fixed term sentence is served?
The defendant is automatically released?
Give an example of an offence and it’s maximum fixed term sentence
Theft - maximum 7 years
What is a suspended sentence?
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
Why may a suspended sentence be appropriate?
Acts as a deterrent
Home Detention Curfew applies to which prisoners?
Those who are serving sentences between 3 months and 4 years
What is a home detention curfew?
Prisoners live outside prison as long as they don’t break the rules of their curfew
What is home detention curfew also known as?
Tags/house arrest
What is an extended sentence?
Custodial sentence plus a period of licence (reporting to a probation officer, usually weekly)
What is a minimum sentence?
The minimum sentence for certain crimes
What is an example of a crime and it’s minimum sentence?
Trafficking a Class A drug with 2 previous convictions - 7 years minimum
What does the Criminal Justice Act 2003 say about community orders?
- For offenders over 16
- Last up to 3 years
- 1 - 4 requirements
- Restricts liberty
Which Act sets out the requirements for community orders?
s.177 Criminal Justice Act 2003
What is unpaid work?
- 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
What is supervision requirement?
- 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
What is drug or alcohol treatment and testing?
- Individual must agree to treatment plan, 6 - 36 months long
- Tackle the causes of crime, prevent reoffending
What is curfew?
- 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
What is exclusion?
- Offender not allowed to enter a specific area for up to 2 years
- May include electronic monitoring
What is programme?
Offender must attend programme which is designed to addressed the reason for crime for a certain time e.g. anger management
What is the amount of a fine based on?
Seventeenth of the crime, financial status of defendant
Who are fines paid to?
The crown
What percentage of cases result in discharge?
8%
What type of offenders are discharged used for?
Minor first time offenders over 10
What is conditional discharge?
No punishment unless a crime is committed within a time period
What is absolute discharge?
Used when punishment is not deemed appropriate. No penalty imposed, used when defendant is technically guilty but morally blameless
What are some other sentences?
Disqualification from driving, compensation order, forfeiture order
