Sentencing Flashcards
The Sentencing Act 2020 says that custodial sentences can only be imposed if:
The offence is so serious that neither a fine or community sentence is enough
What is a life sentence?
Offender may theoretically spent the rest of their life in custody. However when a judge gives a life sentence, they must also set a tariff for the life sentence
During a life sentence, if D is released they will be out on license. What does this mean?
Offender is out of prison, but may have to comply with various conditions
What is the maximum tariff for a life sentence?
Whole life order. E.g R v Letby, R v Couzens
What kind of offence receive a whole life tariff?
•murder of a child where there was a sexual motive
•murder for ideological reasons
What is the difference between mandatory life sentence and a discretionary life sentence?
Mandatory: judge must give the life sentence
Discretionary: judge can choose to impose a life sentence
What is a fixed term sentence?
•Fixed term sentences are where a judge will set a fixed period of time that the defendant will serve. •Usually, an offender will serve half of this time in prison and half outside of prison on license.
What is a suspended sentence?
•The offender will not go to prison immediately, but is essentially put straight on license for the duration of their sentence.
•If the offender re-offends or breaches the conditions in this time, then they will have to serve the remaining time of their sentence in prison
• A suspended sentence can only be given for a sentence up to two years in length
The Sentencing Act 2020 : Community Sentences
Allows the court to give someone a community order which may have a variety of different conditions placed on it. The aim of these is to best address the causes of the offending for that offender
Unpaid work requirement
Requires the offender to carry out between 40 and 300 hours of unpaid work. The sort of work will be painting schools, gardening at old peoples homes, cleaning walls and fences of graffiti
Curfew requirement
Required to stay at a particular address for between 2-16 hours in any 24 hour period. This can be enforced by electronic tagging and can last for a period of 6 months
Programme requirement
Required to attend an anger management programme as set out by the Probation Service to address the offender’s inability to lose his temper
Drug/alcohol treatment
Required to attend a rehabilitation clinic to help deal with their addiction. Designed to reform and reeducate the offender so that they do not reoffend
Prohibited activity requirement
Required to stop doing things such as carrying spray paint, wearing a hoodie, meeting particular people, going to certain locations
Fines
•most common way of dealing with a case in mags
•since March 15 mags and Crown do not have a maximum limit
•fine will depend on offenders financial means
What classification of offence would be most likely to be punished by a fine?
Summary offences e.g speeding
To whom is a fine paid to?
The State
Conditional discharge
•Court releases offender on the condition that no further offence is committed for a period up to 3 years
•if offender does re-offend the court can impose a sentence to replace the conditional discharge for the original offence and also a new sentence for the new offence
When may a conditional discharge be used?
First time offenders of minor crimes
Absolute discharge
No punishment is imposed. Used is the court decides that D has technically broken the law but is morally blameless
When may an absolute discharge be used?
Extenuating circumstances
The Sentencing Act 2020 sets out a list of factors …
Which will be considered to make an offence more serious and therefore the defendant more blameworthy.
What are the aims of sentencing under The Sentencing Act 2020
•Reducing crime
•punishment
•making reparations
•reform and rehabilitation
•public protection
What is the main aim of deterrence in sentencing?
To reduce crime by ‘scaring’ potential offenders with the prospect of punishment.
Deterrence can be categorized into individual and general deterrence.
What are the two kinds of deterrence?
- Individual deterrence
- General deterrence
Individual deterrence aims to prevent the specific offender from re-offending, while general deterrence aims to discourage others from committing crimes.
How is deterrence best achieved according to the Sentencing Act 2020?
Through unpleasant sentences such as custodial sentences or unpaid work.
These types of sentences make the punishment visible to deter others.
What is the aim of public protection in sentencing?
To ensure that dangerous offenders cannot do further harm to society.
This is often achieved through custodial sentences.
Define retribution in the context of sentencing.
The belief in matching the punishment to the crime, similar to ‘an eye for an eye’.
It emphasizes that the severity of the punishment should correspond to the seriousness of the offense.
What type of sentence is suggested for murder under the principle of retribution?
A life sentence
This reflects the belief that the punishment should equate to the loss of life.
What does rehabilitation aim to achieve?
To reform an offender into a productive member of society.
Community sentences are particularly effective in achieving rehabilitation.
How do community sentences contribute to rehabilitation?
By providing help for issues such as substance abuse and building links within the community.
This approach focuses on addressing the root causes of criminal behavior.
What is reparation in the context of crime?
The concept of compensating for a crime.
This can involve returning stolen items or paying compensation through fines or unpaid work.
What are aggravating factors?
Things that increase D’s sentence
Examples include showing no remorse, having previous convictions, and targeting a vulnerable victim.
What are mitigating factors?
Factors that reduce the sentence
Examples include pleading guilty, trying to make amends, and being a first-time offender.
Who sets out examples of relevant aggravating and mitigating factors?
The Sentencing Council
The Council also provides different starting points a judge may arrive at based on the crime.
What is the purpose of the Sentencing Council?
To help the public understand how crimes are sentenced and improve consistency of sentencing.
What is the role of pre-sentence reports?
Prepared by the probation service to give details on the offender’s background and suitability for a community order.
When does the court request a medical report?
When an offender has physical or psychiatric issues.
What does a medical report help the court decide?
Which sentence may be appropriate.
Fill in the blank: Aggravating factors can include showing no _______.
remorse
True or False: Mitigating factors always increase a sentence.
False
