Sentencing Flashcards
5 Aims Of Sentencing
- Deterrence - seeks to put people off committing the crime (individual, make experience so bad they don’t reoffend)
- Punishment of the offender - based on idea of punishment, contains elements of revenge
- Public protection - protecting the public from dangerous offenders, makes offenders incapable of reoffending
- Reparation - compensating victim for harm caused, paying v a sum of money or apologising
- Reform and Rehabilitation - aims to stops the behaviour that has led to the crime in the first place
Two Factors
Aggravating factors - make a crime more serious and can increase the sentence
Mitigating factors - make a crime less serious and can reduce the sentence
Types of Sentences (4)
- Mandatory Life Sentence
- Discretionary Life Sentence
- Suspended Sentence
- Fixed Term Sentence
Mandatory Life Sentence
-only available for murder
-minimum term is to be served before release on licence
- range from whole life down to 12 years
Discretionary Life Sentence
-other serious offences like manslaughter
-judge has discretion for a lesser sentence
Suspended Sentence
-up to two years can be given
-only has to be served if offender commits further offences
Fixed Term Sentence
-set number of months or years
-released on licence after half served
Community Sentences (5)
- Unpaid Work
- Exclusion Requirements
- Curfew Requirements
- Programme Requirements
- Drug/Alcohol Rehab Requirements
Unpaid Work
40 to 300 hours over a year
Exclusion Requirements
Not to go to certain places for up to 2 years, stops from reoffending
Curfew Requirements
Fixed address 2 to 16 hours a day over a year, tag may be used
Programme Requirements
Participate in a programme to do with the sentence
Drug/Alcohol Rehab Requirements
Reduce dependency, residential or nonresidential care
Fines
Magistrates - unlimited
Crown - unlimited
Conditional Discharge
Free to go, no reoffending up to three years, if reoffend then court can impose another sentence on top , first time minor offences, magistrates court
