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Law > Sentencing > Flashcards

Sentencing Flashcards

1
Q

What is a custodial sentence?

A

A custodial sentence means going to prison.

It is the most serious type of sentence.

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2
Q

When should custodial sentences be used according to the Sentencing Act 2020?

A

Custodial sentences should only be used when other sentences would be insufficient.

This emphasizes the seriousness of custodial sentences.

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3
Q

What is a mandatory life sentence?

A

A mandatory life sentence is for murder, where the judge sets a minimum ‘tariff’ before the offender can be released on licence.

This means that the offender must serve a minimum period before being eligible for release.

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4
Q

What are fixed term sentences?

A

Fixed term sentences are where the offender is given a set time to serve and is usually released on parole after half of this time.

This is the most common type of custodial sentence.

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5
Q

What is a suspended sentence?

A

A suspended sentence allows the offender to serve their sentence outside of prison but will serve it in prison if they re-offend within that time.

This type of sentence provides a chance for rehabilitation.

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6
Q

What does the Sentencing Act 2020 allow the court to impose besides custodial sentences?

A

The court can impose a community order with different requirements.

These requirements can include unpaid work, rehabilitation sessions, or curfews.

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7
Q

What are fines used for?

A

Fines are used for less serious crimes, often summary offences.

Fines involve paying money to the state.

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8
Q

What is the maximum limit on fines as of 2015?

A

There is no maximum limit on fines since 2015.

However, fines will consider the means of the offender.

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9
Q

What are discharges in the context of sentencing?

A

Discharges mean the offender is released and receives no formal punishment.

There are two kinds: conditional and absolute.

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10
Q

What is a conditional discharge?

A

A conditional discharge allows the offender to avoid a sentence provided they do not re-offend within a 3-year period.

This offers a chance for the offender to rehabilitate without punishment.

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11
Q

What is an absolute discharge?

A

An absolute discharge occurs when the offender is found guilty of a crime but is considered morally blameless and not deserving of punishment.

This reflects a legal acknowledgment of guilt without punitive consequences.

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12
Q

What is a custodial sentence?

A

A custodial sentence means going to prison.

Custodial sentences are the most serious types of sentences and are imposed when other sentences are deemed insufficient.

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13
Q

Under what circumstances should custodial sentences be used according to the Sentencing Act 2020?

A

Custodial sentences should only be used when other sentences would be insufficient.

This highlights the seriousness of custodial sentences.

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14
Q

What is a mandatory life sentence?

A

A mandatory life sentence is given for murder, with the judge setting a minimum ‘tariff’ for parole eligibility.

The tariff is the minimum period that must be served before the individual can be considered for release on licence.

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15
Q

What is a whole life order?

A

A whole life order is imposed for very serious cases, such as R v Letby.

It means the individual will spend the rest of their life in prison without the possibility of parole.

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16
Q

What happens if a person released on licence breaches their conditions?

A

They will return to serve the rest of their sentence in custody.

Compliance with licence conditions is critical for released individuals.

17
Q

What are discretionary life sentences?

A

Discretionary life sentences allow a judge to impose a life sentence but possibly set a lesser fixed term sentence.

These are typically for serious crimes like manslaughter and child destruction.

18
Q

What characterizes fixed term sentences?

A

Fixed term sentences involve a set time to serve, with potential release on licence after half the time served.

These are the most common type of sentence.

19
Q

What is a suspended sentence?

A

A suspended sentence allows a person to serve time outside prison under conditions, but they will go to prison if they re-offend or breach conditions.

Suspended sentences can only be given for up to 2 years.

20
Q

Fill in the blank: A mandatory life sentence is given for _______.

A

[murder]

21
Q

True or False: A whole life order allows for parole eligibility.

A

False

A whole life order means no possibility of parole.

22
Q

What is the maximum duration for which a suspended sentence can be given?

A

Up to 2 years.

23
Q

What is the main aim of sentencing according to the Sentencing Act 2020?

A

To prevent crime/deterrence, protect the public, provide retribution/punishment, facilitate rehabilitation, and ensure reparation

These aims shape the approach and philosophy behind sentencing decisions.

24
Q

What is the purpose of deterrence in sentencing?

A

To reduce crime by ‘scaring’ potential offenders with the prospect of punishment

Deterrence can be individual or general.

25
Q

What is individual deterrence?

A

Imposing a harsh sentence on D to put them off re-offending in the future

This approach focuses on the specific offender.

26
Q

What is general deterrence?

A

Imposing a harsh sentence on D to send a message to others and stop them from offending themselves

This aims to influence the behavior of the general public.

27
Q

What does the protection of the public aim to achieve?

A

To ensure that dangerous offenders cannot do further harm to society

This is often achieved through custodial sentences.

28
Q

What is retribution in the context of sentencing?

A

The belief in matching the punishment to the crime, similar to ‘an eye for an eye’

This concept aligns punishment with the severity of the offense.

29
Q

What is the goal of rehabilitation in the sentencing process?

A

To reform an offender into a productive member of society

Community sentences are particularly effective for this aim.

30
Q

How do community sentences contribute to rehabilitation?

A

By ensuring offenders receive help for issues such as substance abuse and building links within their community

This support helps integrate offenders back into society.

31
Q

What is the concept of reparation in sentencing?

A

Compensating for a crime, such as returning stolen items or paying an amount equal to what was taken

This aims to address the harm caused by the offense.

32
Q

Fill in the blank: The Sentencing Act 2020 emphasizes _______ as a means to prevent crime.

A

[deterrence]

33
Q

True or False: General deterrence focuses on preventing a specific individual from re-offending.

A

False

General deterrence aims to influence the behavior of the public at large.

34
Q

What are aggravating factors?

A

Things that increase D’s sentence

Examples include showing no remorse, having previous convictions, and targeting a vulnerable victim.

35
Q

What are mitigating factors?

A

Things that reduce the sentence

Examples include pleading guilty, trying to make amends, and being a first-time offender.

36
Q

Who sets out examples of relevant aggravating and mitigating factors?

A

The Sentencing Council

They also provide different starting points a judge may arrive at based on the crime.

37
Q

What is the purpose of the Sentencing Council’s guidelines?

A

To help the public better understand how crimes are sentenced and improve consistency of sentencing.

38
Q

What is a pre-sentence report?

A

Prepared by the probation service, it gives details on the offender’s background and suitability for a community order.

39
Q

When does the court request a medical report?

A

When an offender has physical or psychiatric issues

This is to decide which sentence may be appropriate.

Law (18 decks)

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