Sentencing Flashcards
Types of Sentencing
Types of Sentencing
Custodial, Community orders, Fines, Discharges
What does the s_________ ___ ππππ say
Types of Sentencing
The Sentencing Act 2020 says
Custodial sentences can only be imposed if the offence is so serious that neither a fine nor community sentence is enough
What are the 4 types of custodial sentence?
Types of Sentencing
- Mandatory life sentences
- Discretionary life sentences
- fixed term life sentences
- suspended sentences
What is a mandatory life sentence?
Types of Sentencing
This is where D will be given a life sentence but the judge will set a minimal tariff before D can be considered for release on licence, if D breaches their parole they will return to prison to complete their sentence.
The Judge can also impose whole life orders for very serious cases like R v Letby
What is a Discretionary sentence?
Types of Sentencing
This is where the judge can chose what sentence to give at his discretion, he can give a harsh sentence (life sentence) or a less harsh sentence (fixed term sentence). This is done for serious crimes like manslaughter
What is a fixed term sentence?
Types of Sentencing
This is a sentence where D is given a set time to serve and is usually released on licence after half of his time has been served.
What is a suspended sentence?
Types of Sentencing
A suspended sentence is where D serves a period of time outside of prison under various conditions, like checking in at a police station. They will serve their sentence in prison if they re-offend. This can only be given for a 2 year sentence
What does tarriff/minimum term mean?
understanding
The minimum amount of time you need to spend in prison before licence consideration can happen
What are the main types of community sentencing?
Types of Sentencing
- unpaid work requirement
- Curfew requirement
- A programme requirement (anger management/mental health)
- Drug/Alcohol treatment requirement
- Prohibited activity requirement
What offences are fines most likely given to, and who to?
Type of sentence
Summary offences, the fine is paid to the state. There is no maximum limit,
What is a conditional discharge?
Types of Sentencing
This is where D will avoid a sentence provided that they donβt reoffend within 3 years.
What is an absolute discharge?
An absolte discharge menas that no punishment is imposed. It is imposed if the court decides that D has broken the law but it morally blameless.
What factors can increase Dβs sentence? And give some examples
Factors considered in a sentence
Aggrivating factors
- showing no remorse
- previous convictions
- targeting a vulnerable person
What factors can decrease Dβs sentence? And give some examples
Factors considered in a sentence
Mitigating factors
- guilty plea
- trying to make amends
- first time offender
What are pre-sentence reports?
These are reports prepared by the probation service and give details into the offenderβs background and suitability for a community order rather than a custodial sentence.
Factors considered in a sentence
When are Medical reports used?
Factors considered in a sentence
When D has physical or psychiatric issues, the court will ask for a medical report to decide which sentence to be used
What does the sentencing guidelines set out and what is its aim
Factors considered in a sentence
The sentencing Council stets out:
- examples of relevant aggrivating and mitigating factors for specific offences
- different starting points a judge may arive to based on the crime
Aim:
- it aims to help the public understand how crimes are sentenced
- improves consistency of sentencing
