sentencing Flashcards
what can judges take into account when sentencing (4)
statutory limits of an offence
sentencing guidelines of the offence committed
aggravating and mitigating factors
additional reports using judges discretion (choice)
statutory limits for the offence that has been committed
judges cant exceed the max sentence set by act of parliament for that offence
some have a minimum sentence so the judge cant go lower than that
must refer to the sentencing guidelines for that offence…what are these? (3) (1 act)
sentencing guidelines give judges guidance on the range of sentences in the circumstances
the sentencing council 2010- judges required to follow the sentencing guidelines unless good reason given not to
under s.63 sentencing act 2020 the judge weigh up ‘‘offenders culpability’’ plus ‘‘harm the offence caused’’ or that was intended to cause to the victim
aggravating factors
previous convictions or offences
offender part of a gang
deliberately targetting vunerable position of trust
crime motivated by a hate crime
for theft- how much was stolen and position of trust
mitigating factors
genuine remorse
playing a minor part in a group activity
first time offence
co operation with the police
guilty pleas
reduce sentence by 1/3 if given at first opportunity
if you change to guilty before verdict reduction of sentence of 1/10
other factors the judge will consider (3)
offenders background- previous convictions and financial position, mental disorders
pre sentencing reports- done by probation services- relevant when courts considering community service (better picture of who you are)
medical reports- doc preps a report to address any psychological or physical conditions
what act sets the aims of sentencing
sentencing act 2020 s57 (2)
what are the 5 aims of sentencing
punishment of offenders
reduction of crime (through deterrence)
reform and rehabilitation of offenders
protection of the public
making of reparation by offenders to persons affected by their offence
punishment of offenders
fine
idea of payback
Whatever sentence is given should be proportionate to the crime, but sometimes this is increased if there is a public outrage at the case as the courts may want to make an example out of the offender.
It is based on the idea of “an eye for an eye”.
reduction of crime (through deterrence) (two types)
Deterrence is aimed at reducing the crime rate through a fear of punishment.
There are two types - general and individual:
General = This aims to stop others offending by showing how severe the consequences might be in the hope that no one else commits the crime.
Individual = This is about stopping the Defendant themself from committing any further future offences as they do not want further punishment
reform and rehabilitation
This aims to change the behaviour of the individual so that they can be reintegrated back into society and will no longer commit crime.
It usually involves drug/alcohol rehabilitation , but can also include anger management or speed awareness courses.
The idea is that treating the addiction removes the need to offend, so the Defendant will no longer commit further crime.
The type and length of rehabilitation is set as appropriate in individual cases, and there is no one-size-fits-all approach.
protection against the public
prison
offender is stopped from committing further offences and gives the public protection
other types of sentence can also protect the public – e.g. speeding fines can encourage drivers to slow down, making the roads safer.
making reparations to who it may of affected
repairing what they have done wrong
courts will usually compensation on top of any other penalty
victim and defendant may agree to meet up and talk it out
what is a custodial sentence
prison sentence
most serious punishment court can give
s.230 sentencing act 2020 says ‘‘the court must not pass a custodial sentence unless the offence was so serious that neither a fine nor a community sentence can be justified’’
