sentencing

Question 1

aims of sentencing (8)

Answer 1

• S57 sentencing Act 2020 requires Judges and Magistrates to consider the following purposes,
• Punishment or retribution : states the offender deserves punishment for their acts and is based on the idea of revenge,
  demonstrated in our system by each offence having a maximum sentence which reflects the severity of the offence,
• Reduction of crime or deterrence : aim is to reduce crime through individual deterrence, seen in our system by the fact there are higher sentences for repeat offenders,
• Reform or rehabilitation : offering offenders help to overcome problems and prevent future crime, seen in our system through community sentences consisting of drug treatment orders,
• Protection of the public : public needs to be protected from dangerous criminals, achieved by locking them up, demonstrated in our system by removing offenders from society by imposing long prison sentences,
• Reparation : putting matters right by compensating the victim or society, seen in our system by compensating the victim through a sum of money,

Question 2

types of sentences (8)

Answer 2

• custodial : prison or the threat of prison; mandatory life sentences - for murder, the only sentence that can be given is life, judges can vary time spent in prison by imposing a minimum term, discretionary life sentence - other serious crimes like GBH S18 and manslaughter, meaning the judge can give life but has discretion to give lower, fixed term sentences - for other crimes, length of imprisonment depends on several factors, offenders don’t serve whole sentence and are released after serving half, suspended sentences - prison sentence not imposed immediately, court ‘suspends’, if D does not commit a crime in a set number of time the sentence won’t be served, if they do,, the prison sentence will be served for both crimes,
• community orders : sentencing act 2020 creates one community order in which court can combine any requirements, ‘mix and match’ approach, different types of orders: unpaid work between 40 and 300 hours, drug or alcohol treatment, curfew orders often linked with an electric tag, mental health treatment order, prohibited activity,
• fines : imposing a financial penalty on the offender, most common in Mags Court where max fine is £5000, in Crown only a small number of cases are dealt with a fine and the money is given to the government,
• Discharge : gives offender a second chance by not imposing penalty immediately, two types ; conditional - discharged on condition no further offences committed in 2 year period, if re-offend court can give a new sentence, absolute discharge - although D is guilty, no penalty is imposed, usually under special circumstances,

Question 3

factors the court considers when sentencing (8)

Answer 3

• follow sentencing guidelines to reach appropriate sentence ‘punishment must fit the crime’
• factors focus on the offence (how serious? harm to victim?), offender (previous convictions, personal circumstances)
• also consider aggravating factors, e.g. premeditation, using a weapon, vulnerable victim, racial motivation, on bail at time of offence, history of similar offences, offender part of a group or gang at time of crime committed,
• and mitigating factors, first offence, remorse shown by offender, attempt to put matters right (i.e. by returning property), age of offender, early guilty plea, mental or physical illness, co-operation with police,