Sentencing Flashcards
what r the 4 types of custodial sentences
mandatory life
discretionary life
fixed term
suspended
what is meant by the term tariff
minimum amout of time an offender must spend in prison before they can be considered for release
what does being put on license mean
offender is out of prison but may have to comply with various conditions such as checking in with a parole officer, being tagged etc
whats the max tariff that can be given
whole life order
which kinds of offences recieve whole life orders
murder of a child where there was a sexual motive or murder for ideological reaons
RvCouzens
RvLetby
whats the difference between a mandatory life and discretionary life sentence
mandatory means that a judge must give a life sentence. for example, murder carries a mandatory life
discretionary- a judge chooses to impose a life sentence or a lesser sentence like a fixed term custodial sentence or community sentence
what are fixed term sentences
a judge sets a fixed time that D must serve
noramally half of this time is in outside on license
whats a suspended sentence
offender doesnt go to prison immediately but is put straight on license for the duration of their sentence.
how long can a suspended sentence only be given for
up to 2 years
what kind of offenders may be given a suspended sentence
first time offenders of less serious crimes
what does the sentencing act 2020 say
allows the court to give someone a community order which may be a variety of different conditions placed on it
what is an unpaid work requirement
the offender must carry out between 40 and 300 hours of unpaid work
whats a curfew requirement
offender can be required to stay at a particular address for between 2-16 hours in any 24 hour period
can last for 6 months (electronic tag)
whats a programme requirement
offender required to attend anger management programme as set out by the probation service
whats a drug/alcohol requirement
offender is required to attend a rehabilitation clinic to help deal with addiction
whats prohibited activity requirement
offender required to stop doing certain things such as carrying spray paint, wearing a hoodie and meeting with particular people etc
what classifaction of offence would be most likely to recieve a fine
summary offences
whats a conditional discharge?
court releases the offender on the condition that no furhter offence is committed for a period of 3 years
to whom is a fine paid to
the state
when may a conditional discharge be used
first time offenders of minor crimes
whats an absolute discharge
no punishment is imposed
d has broken the law but is morally blameless
5 examples of aggravating factors
premeditation
abusing position of trust
previous convictions
v has serious injuries
hostility towards race or sex
what does the sentencing act 2020 say about aggrivating factors
makes an offence more serious and D more blameworthy, makes sentence harsher
what are mitigating factors
render an offence less serious so encourages the court to award a more lenient sentence
5 examples of mitigating factors
first time offender
difficult home life
cooperates with police
guilty plea
shows remorse
what are pre sentence reports
prepared by probation service, gives details on offenders background and suitability for a community order rather than a custodial sentence
what are medical reports
offender has physical or psychiatric issues, courts ask for medical reports to decide appropiate sentence
what are sentencing guidlines
sentencing council sets out examples of relevent aggrivating and mitigating factors for specific offences as well as starting points for judges
how to sentencing guidlines help the public
gives them better understanding of how crimes are sentenced as well as improve consistency of sentencing
what are the 5 aims of sentencing under the sentencing act 2020
reduce crime
punishment
make reperations
reform and rehabilitation
protection of the public
explain the aim of reduce crime
prevent it
individual deterrance (stop an individual from reoffending)
general deterrance (prevents public from committing crime)
explain the aim of punishment
bible passage ‘an eye for an eye’
punishment must fit the crime
sentence must be proportionate
retribution (revenge)
explain the aim of making reperations
passing a sentence that means the offender has to give back to society and put right what he did wrong
paying ‘victim surcharge’ (returning stolen property)
explain the aim of reform and rehablitation
passing sentence that changes the offenders behaviour
explain the aim of protecting the public
passing sentence that protects society
courts have a duty to protect the public from those that pose a threat of danger
explain r v letby
court can impose a whole life order for very serious cases
