Sentencing Flashcards
What section in sentencing under
S.57 of the sentencing code 2020
What must the court regards with sentencing
- The punishment of offenders
- The reduction of the crime
- The reform or rehabilitation of the offenders
- The protection of the public
- The making of reparation by offenders to person affected by their offence
What’s the aim of punishment of offenders
It is society’s revenge. The judge will pass a sentence that is proportionate to the offences, so the punishment fits the crime.
What is traffic sentencing
It is based on the idea of proportionally, this sentence is provided with guidelines that are followed, they are provide by the council
What’s the aim if reduction of crime
Is to reduce crime by deterring individual offenders to re-offending. How they do this is by giving an offender a serve penalty, then the offender will think twice about reoffending.also used to deter society, as they will see the consequences and will be less likely to commit
What’s the aim of reform and rehabilitation of offenders
It’s to helps them to stop committing again, they do this by giving individualised sentences which is aimed at a need of the offenders.
An example of protecting the public from dangerous offenders
If there a dangerous driver will get a driving ban so it protect the driver and pedestrian
What’s the aim of reparation
It is to give something back to the victim. For example, the offender might be ordered to pay compensation to the victim or make a resolution.
What is restorative justice
It is bringing offenders and victims together like a community
What is denunciation
It is saying public criticisms when someone commits a crime
What is an aggravating factors
They are factors that make the situation worse.
Examples of aggravating factors
If a weapon was used
Racially motivated
If it was planed(mens rea increased)
What section is aggravating factors under
Under s9 schedule 21 the sentencing act 2020
What’s a mitigating factors
They are factors that are taken into account for so it can potential reduce the sentence
Examples of mitigating factors
showing remorse
Pleads guilty
What section is mitigating factors under
S10 schedule 21 the sentencing act 2020
What section is an early plea under
S.144 of the criminal act 2003
How much do you get off their sentence if they plead guilty for the first reasonable opportunity
They get a third off their sentence
How much do they off their sentence if they plead guilty after the trail date is set
They get a quarter off their sentence
How much do they get off their sentence plead on the day of the trail starts
Get off a tenth of their sentence
When deciding an sentence judges and magistrates will consider
The office itself, sentencing guidelines and the offender’s background to see if there any previous convictions. Also the seriousness if it was intentional
Aggravating and mitigating factors
What’s a pre-sentence reports
The court may order this to be prepared by the probation service before proceeding to sentence, they will be a background check about the defendant
What does each report contain
It has basic info about their background- pervious convictions and a risk of offending
What is a victim personal statement
It is ‘impact statement’ that is read out in courts since dec 2013.
The judge may take this into account when sentencing
