Sentencing

Question 1

Aims of sentencing

Answer 1

• Comes from S142 Criminal Justice Act 2003
  1. Punishment
  2. Deterrence
  3. Reform & rehabilitation
  4. Protection of public
  5. Reparation

Question 2

Punishment // Retribution

Answer 2

• “Eye for an eye principle”
• Punishment given suitable to the offence
• Tariff sentences used.

Question 3

Deterrence

Answer 3

• Individual or general
• Individual: aims to deter specific offender from committing further crimes
• General: deters public from committing crimes, court uses sentences as warnings. EG rioting in summer 2011

Question 4

Protection of the public

Answer 4

• Remove dangerous offenders from society.
• Custodial sentences: jail time// mandatory life sentences
• Non-custodial sentences: community services//curfews// electric tag//probation

Question 5

Rehabilitation

Answer 5

• Focus on change and growth
• Examples: individualised sentences//community sentences

Question 6

Reparation

Answer 6

• Making amends with victim, usually via payment

Question 7

Aggravating factors

Answer 7

• Increase a sentence
• Previous convictions//history of similar offences
• Premeditation
• Weapons
• Hostility to minority groups
• D on bail when offence committed

Question 8

Mitigating factors

Answer 8

• Reduce a sentence
• D mental/physical illness
• Genuine remorse
• Cooperation
• Personal circumstance (eg addictions/traumas)
• Age & maturity

Question 9

Reduction of sentences

Answer 9

Pleads guilty…
- Earliest opp = 1/3 off
- After trial set = 1/4 off
- At the door of court = 1/10 off

Question 10

8 types of sentencing for adult offenders

Answer 10

• Absolute discharge
• Conditional discharge
• Fine
• Community order
• Suspended sentence
• Fixed-term sent
• Discretionary life sent
• Mandatory life sent

Question 11

Absolute discharge

Answer 11

• No penalty
• Usually used when offender guilty but morally blameless

Question 12

Conditional discharge

Answer 12

• Court discharges offender on condition that no further offence committed during set period (up to 3 years)

Question 13

Fine

Answer 13

• Sum of money exacted as a penalty by courts
• Most common way of disposing a case in M’s Courts

Question 14

Community order

Answer 14

• CJA 2003 created one community order under which court can combine any requirements deems necessary

Question 15

Suspended sentence

Answer 15

• sentence doesn’t happen immediately, offender has fixed time during which sentence suspended.
• sent can be up to 2 years suspended if no further offence committed during this time prison sent won’t be served

Question 16

Fixed-term sent

Answer 16

• Imprisonment for set number of time
• Offenders automatically released after served half of sent

Question 17

Discretionary life sentence

Answer 17

• maximum sentence is life Imprisonment but the judge doesn’t have to imposed it
• examples include manslaughter and rape

Question 18

Mandatory life sentence // whole life order

Answer 18

• for murder, the only sentence a judge can impose is a life sentence
• minimum term of 12 years (governed by CJA 2003) has to be served by the prisoner