SENTENCING Flashcards
What is absolute discharge? (1)
no penalty is imposed
what are the types of discharges? (2)
-conditional
-complete/absolute
what are some requirements for community orders? (6)
-unpaid work
-a prohibited activity
-a programme (probation)
-curfew
-exclusion
-residence
what is meant by reparation? (1)
where an offender compensates the victim or society for the offending behaviour.
what is an exclusion order? (1)
bans offenders from going to places where they are most likely to commit an offence.
what act created community orders? (1)
criminal justice act 2003
what happens if an offender commits a crime during an suspended sentence? (1)
prison sentence is reactivated and the sentence will be served for suspended and recent crime.
what is a conditional discharge? (1)
the court discharges offender on the condition that no further offence is committed during a set period of time (up to 3 years)
when is a fixed term sentence ordered? (2)
for other crimes - length of sentence depends on factors including maximum sentence available for particular crime and defendants previous record.
do not serve entire sentence (automatically released after half)
what is meant by an unpaid work requirement? (1)
between 40hr to 300hr directed by probation service.
what are custodial sentences? (1)
most serious punishment that a court can impose.
when are discretionary sentences ordered? (1)
other serious offences under s18 of the offences against persons act 1861
what are the biggest fines given in crown court usually regarding? (1)
usually for businesses for breaches of health and safety laws.
what is a suspended sentence? (2)
an adult offender is given one of up to 2 years, sentence is not effective immediately
when are mandatory sentences ordered? (2)
for murder - the only sentence a judge can impose for this act.
-judge must state the minimum number of years of imprisonment that offender must serve before being released.
what are the types of custodial sentences? (4)
-mandatory life sentences
-discretionary life sentences
-fixed term sentences
-suspended sentences
MANDATORY LIFE SENTENCE
What is the minimum before an offender can be released? (1)
12 years
how would an offender repay society? (1)
can be mainly in the use of an unpaid work requirement where offenders are required to do so many hours work on a community protect.
what is meant by curfew? (1)
orders offenders to remain at home for certain times of the day or night and is usually monitored by an ankle tag.
what is meant by denunciation? (1)
expressing societies disapproval of an offenders behaviour (drunk driving)
what is rehabilitate? (1)
trying to alter offenders behaviour so that they will confirm to community norms and not offend in the future.
how does a court decide whether an offender should be reformed? (1)
court will look at offenders background (through pre-sentence report prepared by the probation service)
what is general deterrence? (1)
value of this is doubtful as potential offenders are rarely deterred.
what is an example of general deterrence? (1)
rioting in the summer of 2011 - many offenders were given custodial sentences for minor thefts.
what is meant by reformation? (1)
trying to reform the offenders so that they will not offend in future
what is meant by deterrence? (1)
giving a punishment aimed at putting off the defendant from re-forming because of the fer of punishment or preventing other potential offenders from committing similar crimes.
what is individual deterrence? (3)
include a prison sentence, a suspended sentence and heavy fine.
council guidelines - starting point
what are the categories in step 2? (3)
category 1 - 1 year 6 months custody
category 2 - 26 weeks custody
category 3 - medium community order
is prison effective? (1)
prison does not seem to deter as 55% of adults reoffend within 2 years
-70% of young offenders reoffend within 2 years
council guidelines - category range.
what are the categories in step 2? (3)
category 1 - 1-3 years custody
category 2 - low level community order
category 3 - A high level community order
what is meant by retribution? (1)
imposing a punishment because the offender deserves punishment.
what is step 1 of sentencing council guidelines? (1)
determine the offence category.
council guidelines
what are the categories in step 1? (3)
category 1 - greater harm and higher culpability
category 2 - greater harm and lower culpability
category 3 - lesser harm harm and lower culpability
what is step 2 of sentencing council guidelines? (1)
the starting point and category range.
what are tariff sentences? (1)
each offence has a guideline
what act sets out the purpose of sentencing? (1)
s142 of the criminal justice act 2003
what does retribution aim to do? (1)
retribution aims to show repulsion to the crime
what is the main idea of retribution? (2)
-it looks at actual behaviour of offender and offence
-punishment is based on what justice demands
what act sets out the guidelines for sentencing? (1)
criminal justice act 2003
what are the purposes of sentencing? (5)
the court must have regard to:
-the punishment of offenders
-the reduction of crime including deterrence
-the reform and rehabilitation of offenders
-protection of public
-the making of reparation by offenders to persons affected by offence
what is a case that shows the use of retribution? (1)
r v blake (1962)
how are offenders sentenced in terms of public safety? (2)
for safety of the public, life imprisonment or a long term of imprisonment are given to those who commit murder or other serious sexual offences under criminal justice act 2003
where is reformation used? (1)
in the sentencing of young offenders but can sometimes be used for adults
