Sentencing

Question 1

What are the aims of sentencing?

Answer 1

-Retribution
-Denunciation
-Reform & Rehabilitation
-Deterrance
-Protection of society
-Reparation

Question 2

What is meant by retribution?

Answer 2

An “Eye for an eye”

Question 3

What are the benefits of retribution?

Answer 3

The media like the approach and it wins votes in polls

Question 4

Is retribution still useful?

Answer 4

No as it doesn’t change a person

Question 5

What is meant by denunciation?

Answer 5

Sending a clear message of what is acceptable to society

Question 6

What is meant by reform and rehabilitation?

Answer 6

To reform and rehabilitate the defendant by curing the ‘criminal deviance’

Question 7

What is an example of rehabilitation?

Answer 7

Providing educational facilities in prisons

Question 8

What is meant by deterrence?

Answer 8

Sentencing deters individuals from repeat offending

Question 9

What percentage of prisoners re offend within two years?

Answer 9

55%

Question 10

What is meant by the protection of society

Answer 10

Putting people in prison or giving them a curfew or tag protects society
CJA 2003 where d is risk to society they must be sent to prison

Question 11

What is meant by reparation?

Answer 11

Compensating the victim. May be a sum of money or returning stolen property (doesn’t work for murder)

Question 12

Can a person get a reduction in sentence if they plea guilty?

Answer 12

Yes, especially if made early in the hearing

Question 13

What case relates to a guilty plea?

Answer 13

R v Webster - judge can give reduction even if evidence overwhelming

Question 14

What are mitigating factors?

Answer 14

Reasons why the defendant should not be punished so severely

Question 15

What are examples of mitigating factors?

Answer 15

-Youth/old age
-previous god character
-Provocation
-Domestic of financial problems
-drunk not by choice
-guilty plea

Question 16

What are aggravating factors?

Answer 16

Makes the sentence longer

Question 17

What are examples of aggravating factors?

Answer 17

-Racial and religious motives
-Previous convictions
-If victim is vulnerable
-Defendant was on bail at time of offence

Question 18

What does The Criminal Justice Act 1991 say?

Answer 18

The sentence must be proportional to the seriousness of the crime

Question 19

S.152 Criminal Justice Act 2003?

Answer 19

Court must not pass a custodial sentence unless the offence “was so serious that neither a fine alone nor a community sentence can be justified”

Question 20

What is imprisonment?

Answer 20

It is protective sentencing

Question 21

What is a Mandatory life sentence?

Answer 21

The only sentence a judge can give for murder is life. A judge can state the minimum number of years before a defendant can be put on licence.

Question 22

What is a full life term?

Answer 22

30 years down to 15

Question 23

What is the case of Cousins and Others v R?

Answer 23

D tried to get reduction as plead guilty but was dismissed as he used his position as a police officer to rape and murder Sarah Everard

Question 24

What is a Discretionary life sentence?

Answer 24

For offences like manslaughter, S.18 GBH, rape and robbery the judge can decide if whole life order or not

Question 25

What is meant by Release on license?

Answer 25

The judge sets a minimum term of imprisonment which is the ‘tariff’. Then if they are up for parole they see if they are fit to be released on licence into the community

Question 26

What is a Fixed term sentence?

Answer 26

Imprisonment for a set number of years. Normally released half way through, will be on licence for the remainder of their sentence

Question 27

What is a Suspended sentence?

Answer 27

The d only serves sentence if breaches terms of suspension.
Prison sentence between 28 and 51 weeks
Sentence can be between 6 months and 2 years

Question 28

What Act and year relates to sentencing?

Answer 28

The Sentencing Act 2020