Sentencing Flashcards
Sentencing act
Sentencing act 2020
Mitigating circumstances
Decrease sentence
Remorse, no weapon, first offence, difficult circumstances at home
Aggravating circumstances
Increase sentence
Weapon, on bail, discriminatory, in position of trust , reoffending
4 aims
Reparation
Deterrence/ reduction
Rehabilitation
Retribution
Reduction
Jail fines community service
Used as deterrence to make people fear committing crime
Reduce crime rates
Stop reoffending as is aggravating factor
Rehabilitation
Done to help stop defendant from reoffending in future
Reform back in society
Community order, speed awareness
However reoffending rate 59%
Reparation
Compensates victim or community for offences
Litter painting
Criminal damages - money to V
Cause amends for harm caused
Stop reoffending
Retribution
Imposed with punishment
Takes offender out of general population
Protect public
Types of sentences
Custodial
Suspended
Community
Fine
Discharge
Types of discharge
Absolute — punishment of court was enough
Conditional - offences free for certain time but if committed sentenced to both
Advantages to discharge
Help stop reoffending- second chance
Reduce prision costs
Will not expose to other criminals
Hold them accountable should they commit another offence
Disadvantages to discharge
Seen as to light - no a deterrence
No punishment - retribution
No justice for V
Fines advantages
Mags can give unlimited
No prision cost
Cheap to administer
Deterrent to some
Money fines can go to charity
Disadvantage fines
Unjust - some Stieglitz to repay others easy
Easy to reoffend
Hard to enforce -75 million fines cancelled
Community service
Old people home
Litter
Painting