sentencing Flashcards
what does the sentencing act 2020 say about custodial sentences
can only be imposed if the offence is so serious that neither a fine or community sentence is enough
what are the 4 different types of custodial sentence
mandatory life sentence
discretionary life sentence
fixed term sentence
suspended sentence
what does a life sentence mean
this means theoretically an offender may spend the rest of their lives in custody however when a judge gives this sentence there must be a tariff or minimum term
what is meant by a tariff /minimum term
shortest time a offender must serve in prison before release
if parole board dont consider them suitable for release they continue their time in prison
if D is released they will be put on license
what does this mean?
offender is out of prison but must comply with parole officers and conditions e.g electronically tagged
if conditions are breached then offender spends remainder of time in prison
the conditions last for duration of sentence of life so forever
what is the maximum tariff that can be given
a whole life order which means the offender is never considered for release
what kind of offence receives a tariff of a whole life order
murder of a child
sexual motive
ideological reasons(religious or racially motivated)
what is a mandatory sentence
this means a judge must give a life sentence
what is a discretionary sentence
this means judges can choose to impose a life sentence
what are fixed term sentences
these sentences are where a judge will set a fixed period that the defendant will serve ,usually an offender will serve half the time in prison and half outside of prison on license
how are fixed term sentences different to life sentences
fixed term sentences has a fixed end date
what are suspended sentences
in these sentences the offender doesnt go to prison immediately but is essentially put straight on license for duration of their sentence, if this is breached then offender will serve rest of time in prison
how does a suspended sentence differ from other custodial sentence
offender does not immediately go to prison
what kind of offences/offender may be given a suspended sentence
first time offenders of less serious crimes
what does the sentencing act 2020 say
this allows the court to give someone a community order which may have a variety of different conditions placed on it . aim is to adress the causes of offending for that order
what are some types of community orders
unpaid work requirement
curfew requirement
a programme requirement
drug or alcohol treatment requirement
prohibited activity requirement
what are fines
these are the most common way of dealing with a case in the magistrate court and is when a defendant musts pay a certain amount of money to the state
what classification of offence would be most likely to be punished by a fine
summary offences
who is the fine paid to
the state
what is a conditional discharge
this is where the court releases the offender on the condition that no further offences is committed for a period up to 3 years
when may a conditional discharge be used
typically used for first time offenders of minor crimes
what is an absolute discharge
an absolute discharge in effect means no punishment is imposed
when do the court impose an absolute discharge
for the technically guilty but morally blameless
what is an aggravating factor
a factor that makes the defendant more blameworthy and the knock on effect is it makes Ds sentence harsher
what are some examples of aggravating factors
use of a weapon
previous convictions
high level of intent
hostility towards race religion etc
what is a mitigating factor
a factor that makes an offence less serious and makes the court give a more lenient sentence so therefore D is seen as being less blameworthy
what are the aims of sentencing under the sentencing act 2020
reducing crime
punishment
making reparations
reform and rehabilitation
protection of the public
