Sentencing

Question 1

What are the five aims of sentencing?

Answer 1

1. Punishment and retribution
2. Deterrence
3. Rehabilitation
4. Protection of the public
5. Reparation to victims

Question 2

What is punishment and retribution?

Answer 2

• The offender deserves something bad to happen and is used to justify the death penalty
• This given in proportion to the crime

Question 3

What is deterrence?

Answer 3

• This is to deter the individual and the general public by using fear of future punishment or fear of being put in the punishment again
• This aims to reduce further offending

Question 4

What is rehabilitation?

Answer 4

• This can be reforming offenders so they do not reoffend and making them useful members of society
• This reduces the chance of reoffending by changing future behaviour
• Reformation focusses on reducing youth offender

Question 5

What is protection of the public?

Answer 5

• Criminal Justice Act 2003 allows the court to decide if they need to send the offender to prison for public protection
• This can be for murder or serious sexual crimes
• This is needed for the public to protect them from dangerous offenders
• This can be seen in long sentences/life imprisonment or curfers

Question 6

What is denunciation?

Answer 6

• This is when society expresses disapproval at the criminal activity which is enforced by moral boundaries of acceptable conduct
• This can be seen in an increase in sentencing or severity
• It reflects justice has been served

Question 6

What is reparation?

Answer 6

• This is compensating the victim through money or restitution
• This may be directly to the victim or to the wider community

Question 7

What is the powers of the crown court?

Answer 7

• They have unlimited power and can give up to a max sentence
• There is no maximum fine
• They can also impose a conditional discharge or disqualification from driving

Question 8

What is the power of magistrates court?

Answer 8

• They can do six months in prison for one offence
• They can impose 12 months for two offences
• There is five levels of fines depending on the severity
• They can also impose a conditional discharge of a disqualification from driving

Question 8

What are community orders?

Answer 8

• This allows the court the combine what is necessary and provides a mix and match approach to fit the offender

Question 8

What is the custodial sentences of adults?

Answer 8

• They are prison sentences and imposed when it is necessary to protect the public or a community sentence is not sufficient

Question 9

What are mitigating factors?

Answer 9

• The judge gives a lower sentence than normally given
• This can be due to factors such as an early plea, helping in the investigation, no previous convictions and genuine remorse

Question 9

What are fines?

Answer 9

• This is when they are paid a set amount each week and is most common outcome in Magistrates

Question 9

What are discharges?

Answer 9

• A conditional discharge which is provides that the offender does not reoffend in a certain time period
• An absolute discharge is when the offender is guilty but not blameworthy

Question 9

What are aggravating factors?

Answer 9

• Defined in Criminal Justice Act 2003 = Must consider the offender’s culpability in commiting the offence and any harm caused or was intented or reasonably foreseeable
• Factors make an offence more serious such as previous convictions, on bail, hostility to a vulnerable group, member of public service, part of a group and premeditated

Question 9

What are other powers of the court?

Question 9

What are the three deciding factors of a sentence?

Answer 9

1. The offence
2. Sentencing guidelines
3. Offenders background