Sentencing Flashcards
Aims
Retribution
Imposing punishment because the offender has broken the law
An eye for an eye a tooth for a tooth and a life for a life
This concerns punishment and is concerned with
The offence committed and that the punishment fits the crime
s142 criminal justice act 2003
This guidance comes from the sentencing guidelines council
What is the position in relation to tariff sentences
Sentencing is based on the idea that punishment for each offence should have a set minimum term. The sentencing council produces guidelines on sentencing for the most common crime – starting points and range for the sentence. When producing guidelines the council also has to identify whether they will probably increase the numbers being sent to prison or using the probation service this allows the government to forecast the requirements of the prison and probation service. This system upholds the aim of punishing offenders and leads to consistency in sentencing however it can be difficult for courts to impose sentences aimed at reforming offenders and the guidelines leave very little discretion in sentencing with the judges
Deterrent
Giving a punishment aimed at putting after the defendant from reoffending because of fear of punishment or preventing other potential offenders from committing similar crimes
Individual deterrent
It aims to ensure that the offender does not reoffend through fear of future punishment
Offend or think twice in the future
Fear of punishment – heavy fines prison sentence suspended sentence sentences
Critics – crimes are committed on the spur of the moment – often under influence of drug drugs or alcohol
Fear of being caught is more of a deterrent
Crime detection rates are low
The threat of an unpleasant penalty’s seems to remove it
Use of ctv cameras In town centres
General deterrence
Aims at preventing other potential offenders from recommitting crimes
The value of this aim is more doubtful as potential offenders are rarely deterred by severe sentences passed on by other people
However judges make an example in one offender in order to warn other potential offenders of types of punishment
Relies on publicity
Less effective in cases of drugs as reward considered attractive
Reform and rehabilitation
Reform-process of examining existing laws - advocating and implementing change in legal system - change for an individual
Rehabilitation- to restore to a former capacity
The main aim of this is to alter the behaviour of the offender and reintegrate the defendant into society
Judges use various sources to give a background for example from school reports, job prospects, medical reports
Community orders can be put in place to help drug users
Reparation
Compensation given to one who has suffered legal injury at the hands of another
This is aimed at compensation the victim of crime
Pay victim money
Return stolen property
Under s130 of the powers of criminal courts act 2000-courts are under a duty to give reasons if they do not make a compensation order
Protection of the public
The public needs to be protected from dangerous offenders -murder,rape,manslaughter
The legal aid and sentencing of offenders act 2012
Introduced new sentencing where the main aim is to protect the public
This works to help protect the public, by putting to offender In prison
Also could be argued that all sentences are aimed to help prevent crime by demonstrating the bad effect of it
But it could be argued that convictions mean employers may not employ an offender and thus the offender will re offend
Criminal justice act 2003 introduced the provision that were there might a serious offence that leads to potential harm of others the defendant should be imprisoned to help protect the public
Factors in sentencing
The offense
A breach of a law or role and a legal act
Sentencing guidelines
The guidelines provide guidance on factors. The court should take into account that may affect the sentence.
Defining a recommended sentencing range for a criminal defence
The offenders background
The history plus record of the defendant – any previous convictions and any previous enforcements action taken against the defendant, formal or informal
Whether in a bale or not at the time financial situation or any mental health disorders
Pre-sentence reports
Prepare prepared by probation service will give information on the defendants background and sustainability for community base sentence
Reduction in sentence for guilty plea
Avoid the need for a trial shorten the gap between charge and sentence say it’s considerable cost
First opportunity reduce sentence by one third adhere it’s overwhelming from the concern about having to give evidence
Aggravating factors
Increase a sentence
Under section 143 (1) of criminal justice act 2003
“ the court will consider the seriousness of the offence the offender compatibility in committing the offense”
Previous convictions for offences of nature or relevant to the present offence
If the offender was on Bayo when the offense was committed
Any racial or religious hostility in the offense
Any hostility to disability or sexual orientation being involved in the offence
If the offender pleaded not guilty
Being part of a group or gang to commit the offense
Particularly vulnerable victims, for example, a child
Victim serving the public, e.g. nurse or carer
Predetermined attack
What happens when an aggravating factor is available?
Makes a crime more serious
It will increase the sentence
Mitigating factors
Decrease sentence
No previous conviction
Showing genuine remorse
Taking a minor part in the offence
Mental illness or disability
Pleading guilty
What does it mean to say? There is a reduction in sentence for a guilty plea
A plea at the first reasonable opportunity should reduce the sentence by up to 1/3 but whether the prosecution case is overwhelming only 20% a plea of guilty after the trial has started would only be given a 10% reduction. The amount of reduction is on a sliding scale the reason for this has set out by the sentencing council.
Why is the background of the offenders important?
So courts can take an individuality approach and focus on the issue in the case
Can see what they’re like – if they’re more or less likely to reoffend what final they impose if they need to reduce the sentence for any reasons e.g. mental health
If plea guilty one third of their sentence
Types of sentencing
The tariff or length of the sentence will be determined by the court following guidelines issued by the sentencing council. The court will look for the following factors.
The age of the offender
The seriousness of the offense
The likelihood of further offence is being committed
The extent of harm likely to result from further offences
