Sentencing

Question 1

What section in sentencing under

Answer 1

S.57 of the sentencing code 2020

Question 2

What must the court regards with sentencing

Answer 2

1. The punishment of offenders
2. The reduction of the crime
3. The reform or rehabilitation of the offenders
4. The protection of the public
5. The making of reparation by offenders to person affected by their offence

Question 3

What’s the aim of punishment of offenders

Answer 3

It is society’s revenge. The judge will pass a sentence that is proportionate to the offences, so the punishment fits the crime.

Question 4

What is traffic sentencing

Answer 4

It is based on the idea of proportionally, this sentence is provided with guidelines that are followed, they are provide by the council

Question 5

What’s the aim if reduction of crime

Answer 5

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

Question 6

What’s the aim of reform and rehabilitation of offenders

Answer 6

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.

Question 7

An example of protecting the public from dangerous offenders

Answer 7

If there a dangerous driver will get a driving ban so it protect the driver and pedestrian

Question 8

What’s the aim of reparation

Answer 8

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.

Question 9

What is restorative justice

Answer 9

It is bringing offenders and victims together like a community

Question 10

What is denunciation

Answer 10

It is saying public criticisms when someone commits a crime

Question 11

What is an aggravating factors

Answer 11

They are factors that make the situation worse.

Question 12

Examples of aggravating factors

Answer 12

If a weapon was used
Racially motivated
If it was planed(mens rea increased)

Question 13

What section is aggravating factors under

Answer 13

Under s9 schedule 21 the sentencing act 2020

Question 14

What’s a mitigating factors

Answer 14

They are factors that are taken into account for so it can potential reduce the sentence

Question 15

Examples of mitigating factors

Answer 15

showing remorse
Pleads guilty

Question 16

What section is mitigating factors under

Answer 16

S10 schedule 21 the sentencing act 2020

Question 17

What section is an early plea under

Answer 17

S.144 of the criminal act 2003

Question 18

How much do you get off their sentence if they plead guilty for the first reasonable opportunity

Answer 18

They get a third off their sentence

Question 19

How much do they off their sentence if they plead guilty after the trail date is set

Answer 19

They get a quarter off their sentence

Question 20

How much do they get off their sentence plead on the day of the trail starts

Answer 20

Get off a tenth of their sentence

Question 21

When deciding an sentence judges and magistrates will consider

Answer 21

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

Question 22

What’s a pre-sentence reports

Answer 22

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

Question 23

What does each report contain

Answer 23

It has basic info about their background- pervious convictions and a risk of offending

Question 24

What is a victim personal statement

Answer 24

It is ‘impact statement’ that is read out in courts since dec 2013.
The judge may take this into account when sentencing