Sentencing Flashcards

1
Q

maximum sentence

A

-magistrates and judges are still restricted to max sentences for each offence decided by parliament

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2
Q

minimum sentence

A

Crime sentence act 1997
-second serious offence will mean life sentence
-3rd drug dealer offence is 7yrs
-3rd burglary is 3years

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3
Q

Aims

A

s144 criminal justice act 2003
-D pleads guilty there will be reduction in sentencing, 1/3
-pre sentence report from probation service

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4
Q

What will Mag and Judge consider

A

-social background
-how serious
-weather offence was committed on bail
-religious or racial hatred
-impact on community
-venerability of victim

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5
Q

Purpose of sentencing

A

s142 criminal justice act 2003
-punishment
-deterrence
-reform and rehab
-protection of public
-reparation

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6
Q

Guidelines

A

-there to help mag and judges
-set by sentencing council since criminal justice act 2003

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7
Q

Sentencing divided into categories

A

-custodial for most serious
-community for punish and prevent
-fines for less serve
-discharge when experience of court is enough punishment

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8
Q

Custodial sentence 1

A

Mandatory sentence
-only sentence available for murder
-minimum served before realise on licence can range from 12yrs to life
-whole life for very serious

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9
Q

Custodial sentence 2

A

Discretionary sentence
-fixed maximum, judge had discretion
Interdetrmine sentence
-courts set minimum time to serve before eligible for parole board
-no guaranteed release

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10
Q

Custodial sentence 3

A

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

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11
Q

Community sentence

A

-combines punishment/retribution with activities carried out for the community
-CJA 2003 created one community order
-unpaid work etc

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12
Q

Fines

A

-June 2022 fines made up 78% of all sentences
-amount of fine is set after considering Ds means to pay and seriousness of offence

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13
Q

Discharge

A

-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

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14
Q

Aggravating and mitigating factors

A

-factors that make the offence seem worse
-or factors that make the act seem for excusable

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