Sentencing Flashcards
maximum sentence
-magistrates and judges are still restricted to max sentences for each offence decided by parliament
minimum sentence
Crime sentence act 1997
-second serious offence will mean life sentence
-3rd drug dealer offence is 7yrs
-3rd burglary is 3years
Aims
s144 criminal justice act 2003
-D pleads guilty there will be reduction in sentencing, 1/3
-pre sentence report from probation service
What will Mag and Judge consider
-social background
-how serious
-weather offence was committed on bail
-religious or racial hatred
-impact on community
-venerability of victim
Purpose of sentencing
s142 criminal justice act 2003
-punishment
-deterrence
-reform and rehab
-protection of public
-reparation
Guidelines
-there to help mag and judges
-set by sentencing council since criminal justice act 2003
Sentencing divided into categories
-custodial for most serious
-community for punish and prevent
-fines for less serve
-discharge when experience of court is enough punishment
Custodial sentence 1
Mandatory sentence
-only sentence available for murder
-minimum served before realise on licence can range from 12yrs to life
-whole life for very serious
Custodial sentence 2
Discretionary sentence
-fixed maximum, judge had discretion
Interdetrmine sentence
-courts set minimum time to serve before eligible for parole board
-no guaranteed release
Custodial sentence 3
Suspended sentence
-sentence between 14days and 2yrs
-then courts suspend it for up to 2yrs
-if the offender stays out of trouble and doesn’t offend, sentence not served
Community sentence
-combines punishment/retribution with activities carried out for the community
-CJA 2003 created one community order
-unpaid work etc
Fines
-June 2022 fines made up 78% of all sentences
-amount of fine is set after considering Ds means to pay and seriousness of offence
Discharge
-conditional or absolute
-offender still has criminal record but no further punishment
R v Whitehead
3 year period that no other offence will be committed
Aggravating and mitigating factors
-factors that make the offence seem worse
-or factors that make the act seem for excusable