sentencing

Question 1

which act sets out the purpose of sentencing

Answer 1

S 142 cja 2004

Question 2

what are the 5 types of aims

Answer 2

punishment
reduction of crime
reform and rehabilitation
protection of the public
reparation

Question 3

1 . punishment

Answer 3

idea based on retribution, because D deserves punishment for their acts

aim does not seek to reduce crime or change defenders future behaviour

makes sure that punishment is aligned with the offence

Question 4

what are the 2 types of deterrence

Answer 4

individual deterrence
general deterrence

Question 5

what is individual deterrence

aim - reduction of crime (2)

Answer 5

• intends to insure that the offender does not re offend through fear of punishment

Question 6

what is general deterrence

aim - reduction of crime (2)

Answer 6

• aimed at preventing other potential offenders from committing crimes/ the crime

Question 7

what type of punishment is given for individual deterrence

Answer 7

prison sentences , suspended setences

mightt deter the offender from committing that crime again /any crime

Question 8

what are the results of individual deterrence

Answer 8

55% adult prisoners re- offend within 2 years

70% of young offenders who are given custodial sentence reoffend within 2 years

so does it rlly work chat?

Question 9

how is general deterrence shown

Answer 9

making example of offender in oder to warn other potential offenders of the punishment they will get if they do commit a crime

Question 10

3. rehabilitation and reformation

Answer 10

• main -= reform and rehabilitate back into society
• in hopes that behaviour will change by the punishment given to them, so he won’t offend in the future
• importnat in sentencing young offenders
• rehab uses individualised sentences

Question 11

4. protection of the public

Answer 11

• making it difficult/ impossible for offender to commit a crime
• incapacitation - offender made incapable of re offending
  extreme incapacitation - death penalty

e.g of potp
driving ban
electronic tagging

Question 12

5. reparation

Answer 12

• compensating the victim of the crime, usually by ordering offender to pay sum of money to victim or making a restitution, e.g giving back stolen property to owner
• under s.130 of the power of criminal courts act 2000, courts are under the DUTY to give reason if they dont give a compensation order
• restitution may also include making reparations to society as a whole e.g unpaid community service etc

Question 13

what factors are taken into account in sentencing

Answer 13

• the offence- seriousness
• background of offender
• aims of sentencing

Question 14

what are some aggravating factors that make the offence more serious

Answer 14

• abuse of trust
  -premeditation
• hostility based on race/religion
  -hostility based on disability/sexual orientation
• previous concivictions

Question 15

how much should the reduction in sentencing be if a person pleads guilty at their first opportunity

Answer 15

• 1/3 of reduction in sentence

Question 16

how much should the reduction in sentencing be if a person pleads guilty after the trial starts

Answer 16

• 1/10 of reduction in sentence

Question 17

what factors should be taken into account based on offenders background?

Answer 17

• previous convictions
  -medical reports
• financial situation of the offender

Question 18

what are some mitigating factors that lower culpability

Answer 18

-higher rate of provocation than normal
- mental illness / disability
- showed genuine remorse

Question 19

sentencing principle

S152 (2)

Answer 19

• states that courts must not pass a custodial sentence unless the offence was so serious that a fine or community service can be justified for the offence