Sentencing

Question 1

Sentencing act

Answer 1

s.57(2) Sentencing Act 2020

Question 2

Punishment of offenders

Answer 2

Eye for an eye – idea of ‘just deserts’ – includes element of revenge

MUST be proportionate though – similar sentences for similar crimes

Question 3

Reparation of harm to victims

Answer 3

Compensation orders to make defendant pay money to victim – all crimes

Also community sentences can include unpaid work to fix damage done

Restorative justice – when defendant and victim meet (not all crimes)

Question 3

Reform and rehabilitation of offenders

Answer 3

Aims to change behaviour – treating the addiction removes need to offend

Includes drug/alcohol treatment (50% of crimes), anger management, speed awareness courses

Question 3

Protection of the Public

Answer 3

Incapacitation – stops offender from committing future offences

Includes prison = removing the offender off the streets creating physical protection.

Also things such as speeding fines to make the roads safer and banning orders to stop dangerous people going to events

Question 3

Reduction of crime through deterrence

Answer 3

Individual deterrence = stopping the individual from offending again such as suspended sentences

General deterrence = stopping the general public from wanting to offend such as prison sentences and community payback (hi-vis jackets)

Question 3

Custodial Sentences (prison):

Answer 3

S.230 Sentencing Act 2020: only for most serious offences where “neither a fine alone nor community service can be justified”
Mandatory life: murder, life on license, judges sets tariff (minimum number of years before parole can be considered)

Discretionary life: manslaughter, judge can go up to life (with tariff) or give less

Determinate/Fixed Term: e.g. 12 months – usually released halfway

Extended Sentence: s.255 Sentencing Act 2020 used for sexual/violent offences, prison fixed term PLUS time at liberty but on license

Minimum Sentence: Class A drug dealing or 3rd residential burglary, law sets minimum time to be served

Suspended Sentence: time in prison does not start unless D reoffends (usually first time offenders)

Home Detention Curfew: Crime and Disorder Act 1998 allows early release with curfew/tag

Question 3

Community Orders:

Answer 3

S.201 Sentencing Act 2020 – one or more of 14 options

Unpaid work, curfew, tag, exclusion order, rehab, supervision, residence

Question 4

Banning Orders:

Answer 4

Driving/events e.g. football / travelling abroad

Question 4

Fines:

Answer 4

Money, most common in Mag Court (max £5,000), usually based on % of earnings

Question 5

Discharge (minor crimes and first offences only):

Answer 5

Conditional: If offender reoffends, will be punished for that offence plus this offence

Absolute: No penalty at all (morally blameless crimes only)

Question 6

Pre-Sentencing Reports:

Answer 6

By probation service for community sentence – how well will respond

Question 7

Medical Reports:

Answer 7

By doctors – physical or psychological illness which may be relevant

Question 8

Sentencing Guidelines:

Answer 8

Sentencing Council 2010 gives guidelines for every offence that judges must follow – unless very good reason to depart from

S.63 Sentencing Act 2020 – look at “offenders culpability” and “level of harm caused”

Question 9

Aggravating Factors make a crime more serious – so sentence is harsher:

Answer 9

Previous convictions or offence committed whilst on bail, or part of a gang

Deliberately targeting a vulnerable victim or abusing position of trust

Where crime was motivated by a hate crime (targeted because of one of the protected characteristics under the Equality Act 2010)

For theft – how much was stolen and if there was a position of trust

Question 10

Aggravating Factors make a crime more serious – so sentence is harsher:

Answer 10

Previous convictions or offence committed whilst on bail, or part of a gang

Deliberately targeting a vulnerable victim or abusing position of trust

Where crime was motivated by a hate crime (targeted because of one of the protected characteristics under the Equality Act 2010)

For theft – how much was stolen and if there was a position of trust

Question 11

Mitigating Factors reduce the sentence:

Answer 11

Genuine remorse, a minor part in the offence, first time offence, co-operate with police

Guilty plea (reduced by 1/3 if given at first opportunity – sliding scale down to 1/10 before trial and 0 if just before verdict)

Question 12

What other factors can effect sentencing:

Answer 12

Offender’s background: Previous convictions, financial situation, mental disorder, developmental disorder (autism) or neurological disorder (dementia)