Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

A-LEVEL LAW > SENTENCING > Flashcards

SENTENCING Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is absolute discharge? (1)

A

no penalty is imposed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the types of discharges? (2)

A

-conditional
-complete/absolute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are some requirements for community orders? (6)

A

-unpaid work
-a prohibited activity
-a programme (probation)
-curfew
-exclusion
-residence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is meant by reparation? (1)

A

where an offender compensates the victim or society for the offending behaviour.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is an exclusion order? (1)

A

bans offenders from going to places where they are most likely to commit an offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what act created community orders? (1)

A

criminal justice act 2003

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what happens if an offender commits a crime during an suspended sentence? (1)

A

prison sentence is reactivated and the sentence will be served for suspended and recent crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is a conditional discharge? (1)

A

the court discharges offender on the condition that no further offence is committed during a set period of time (up to 3 years)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

when is a fixed term sentence ordered? (2)

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what is meant by an unpaid work requirement? (1)

A

between 40hr to 300hr directed by probation service.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what are custodial sentences? (1)

A

most serious punishment that a court can impose.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

when are discretionary sentences ordered? (1)

A

other serious offences under s18 of the offences against persons act 1861

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what are the biggest fines given in crown court usually regarding? (1)

A

usually for businesses for breaches of health and safety laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is a suspended sentence? (2)

A

an adult offender is given one of up to 2 years, sentence is not effective immediately

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

when are mandatory sentences ordered? (2)

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what are the types of custodial sentences? (4)

A

-mandatory life sentences
-discretionary life sentences
-fixed term sentences
-suspended sentences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

MANDATORY LIFE SENTENCE
What is the minimum before an offender can be released? (1)

A

12 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

how would an offender repay society? (1)

A

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.

19
Q

what is meant by curfew? (1)

A

orders offenders to remain at home for certain times of the day or night and is usually monitored by an ankle tag.

20
Q

what is meant by denunciation? (1)

A

expressing societies disapproval of an offenders behaviour (drunk driving)

21
Q

what is rehabilitate? (1)

A

trying to alter offenders behaviour so that they will confirm to community norms and not offend in the future.

22
Q

how does a court decide whether an offender should be reformed? (1)

A

court will look at offenders background (through pre-sentence report prepared by the probation service)

23
Q

what is general deterrence? (1)

A

value of this is doubtful as potential offenders are rarely deterred.

24
Q

what is an example of general deterrence? (1)

A

rioting in the summer of 2011 - many offenders were given custodial sentences for minor thefts.

25
Q

what is meant by reformation? (1)

A

trying to reform the offenders so that they will not offend in future

26
Q

what is meant by deterrence? (1)

A

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.

27
Q

what is individual deterrence? (3)

A

include a prison sentence, a suspended sentence and heavy fine.

28
Q

council guidelines - starting point
what are the categories in step 2? (3)

A

category 1 - 1 year 6 months custody
category 2 - 26 weeks custody
category 3 - medium community order

29
Q

is prison effective? (1)

A

prison does not seem to deter as 55% of adults reoffend within 2 years
-70% of young offenders reoffend within 2 years

30
Q

council guidelines - category range.
what are the categories in step 2? (3)

A

category 1 - 1-3 years custody
category 2 - low level community order
category 3 - A high level community order

31
Q

what is meant by retribution? (1)

A

imposing a punishment because the offender deserves punishment.

32
Q

what is step 1 of sentencing council guidelines? (1)

A

determine the offence category.

33
Q

council guidelines
what are the categories in step 1? (3)

A

category 1 - greater harm and higher culpability
category 2 - greater harm and lower culpability
category 3 - lesser harm harm and lower culpability

34
Q

what is step 2 of sentencing council guidelines? (1)

A

the starting point and category range.

35
Q

what are tariff sentences? (1)

A

each offence has a guideline

36
Q

what act sets out the purpose of sentencing? (1)

A

s142 of the criminal justice act 2003

37
Q

what does retribution aim to do? (1)

A

retribution aims to show repulsion to the crime

38
Q

what is the main idea of retribution? (2)

A

-it looks at actual behaviour of offender and offence
-punishment is based on what justice demands

39
Q

what act sets out the guidelines for sentencing? (1)

A

criminal justice act 2003

40
Q

what are the purposes of sentencing? (5)

A

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

41
Q

what is a case that shows the use of retribution? (1)

A

r v blake (1962)

42
Q

how are offenders sentenced in terms of public safety? (2)

A

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

43
Q

where is reformation used? (1)

A

in the sentencing of young offenders but can sometimes be used for adults

A-LEVEL LAW (45 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions