Sentencing Flashcards
What are the aims of sentencing?
-Retribution
-Denunciation
-Reform & Rehabilitation
-Deterrance
-Protection of society
-Reparation
What is meant by retribution?
An “Eye for an eye”
What are the benefits of retribution?
The media like the approach and it wins votes in polls
Is retribution still useful?
No as it doesn’t change a person
What is meant by denunciation?
Sending a clear message of what is acceptable to society
What is meant by reform and rehabilitation?
To reform and rehabilitate the defendant by curing the ‘criminal deviance’
What is an example of rehabilitation?
Providing educational facilities in prisons
What is meant by deterrence?
Sentencing deters individuals from repeat offending
What percentage of prisoners re offend within two years?
55%
What is meant by the protection of society
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
What is meant by reparation?
Compensating the victim. May be a sum of money or returning stolen property (doesn’t work for murder)
Can a person get a reduction in sentence if they plea guilty?
Yes, especially if made early in the hearing
What case relates to a guilty plea?
R v Webster - judge can give reduction even if evidence overwhelming
What are mitigating factors?
Reasons why the defendant should not be punished so severely
What are examples of mitigating factors?
-Youth/old age
-previous god character
-Provocation
-Domestic of financial problems
-drunk not by choice
-guilty plea
What are aggravating factors?
Makes the sentence longer
What are examples of aggravating factors?
-Racial and religious motives
-Previous convictions
-If victim is vulnerable
-Defendant was on bail at time of offence
What does The Criminal Justice Act 1991 say?
The sentence must be proportional to the seriousness of the crime
S.152 Criminal Justice Act 2003?
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”
What is imprisonment?
It is protective sentencing
What is a Mandatory life sentence?
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.
What is a full life term?
30 years down to 15
What is the case of Cousins and Others v R?
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
What is a Discretionary life sentence?
For offences like manslaughter, S.18 GBH, rape and robbery the judge can decide if whole life order or not
What is meant by Release on license?
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
What is a Fixed term sentence?
Imprisonment for a set number of years. Normally released half way through, will be on licence for the remainder of their sentence
What is a Suspended sentence?
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
What Act and year relates to sentencing?
The Sentencing Act 2020
