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Responses to crime > Sentencing > Flashcards

Sentencing Flashcards

1
Q

What two types of courts are there?

A
  • Magistrates courts
  • Crown courts
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2
Q

Key facts about Magistrates courts

A
  • all cases begin here
  • decide on bail and remand
  • decide factual innocence or guilt
  • limited sentencing power
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3
Q

what percentage of cases end in magistrates courts? and what types of offences?

A

95-97%
summary and triable either way offences

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4
Q

How many magistrates in magistrates courts?

A

3 magistrates or 1 stipendiary

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5
Q

Key facts about crown courts

A
  • sentence passed by judge
  • sentence referrals from magistrates
  • decide appeal from magistrates: remand, conviction, sentence
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6
Q

What percentage of triable either way and indictable offences occur in crown court?

A

Around 5%

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7
Q

How many jury in crown courts and what does the judge do?

A
  • 12 jury
  • the sentence is passed by the judge
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8
Q

What are the three types of crown court judges?

A
  • recorder judges
  • circuit judges
  • high court judges
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9
Q

What is the CJ act 2003 purposes of sentencing?

A
  • punishment of offenders
  • reduction of crime
  • reform and rehabilitation of offenders
  • protection of the public
  • making reparation by offenders
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10
Q

What are the sentencing guidelines of the sentencing council?

A
  • promote transparency and consistency of treatment
  • judges to consider impact on public confidence in CJS
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11
Q

What other factors influence sentencing?

A
  • statues: maximum and minimum terms
  • judgements of appellate courts
  • sentencing guidelines
  • aggravating and mitigating factors
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12
Q

What are aggravating factors?

A
  • previous convictions
  • offended on bail or licence
  • motivated by victims disability, race, sexuality or religion
  • planned offence
  • influence of alcohol or drugs
  • abuse of position of trust/vulnerable victim
  • committed with others
  • multiple victims
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13
Q

What are mitigating factors?

A
  • previous good character
  • greater degree of provocation than normally expected
  • mental illness or disability
  • youth or age where it affects the responsibility of the defendant
  • in treatment for drugs or alcohol
  • minor role in the offence
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14
Q

What does sentencing act 2020 s73 state?

A

reduced sentence for guilty pleas

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15
Q

What are examples of non-custodial sentences?

A

discharges and financial and community penalties

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16
Q

What are the 2 types of discharges and what percentage of sentences are they?

A
  • 8%
  • absolute: ‘inexpedient to inflict punishment’
  • conditional: can get a sentence if conditions are broken
17
Q

What financial penalties are there and what percentage of sentences are they?

A
  • 65%
  • fine (most common in magistrates court): statutory maximums for offence type
  • compensation (for victim)
  • victim surcharge - doesn’t go directly to victim but support services
18
Q

What community penalties are there and what percentage of sentences are they?

A
  • 14%
  • supervision by probation
  • curfew/prohibited areas (with electronic monitoring)
  • unpaid work
  • programme of rehabilitation and/or treatment for addiction
19
Q

What’s the percentage of other non-custodial sentences that aren’t discharges, fines or community penalties?

A

1%

20
Q

What percentage of custodial sentences are suspended?

A

4%

21
Q

What percentage of custodial sentences are immediate?

A

8%

22
Q

What does the Custody threshold (ss152-3) state?

A

the punishment must ‘commensurate with the seriousness of the offence’

23
Q

What are the two types of custodial sentences?

A
  • determinate
  • indeterminate
24
Q

What is determinate sentencing?

A
  • suspended sentence: meet certain conditions and serve in the community over prison
  • max of 2 years
  • crown courts
  • significant risk to public of violent/sexual offence
25
Q

What is indeterminate sentencing?

A
  • mandatory life for murder
  • sentence with no set release date
  • discretionary life: not fixed by law
  • automatic life: pre convicted for serious violent/sexual offences, min of 10 years
26
Q

How many convictions and crimes did Jordan McSweeney commit before 2006

A

28 previous convictions and 69 crimes

Responses to crime (14 decks)

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