Sentencing Flashcards
Which act and section lays out aims of sentencing for Adult offenders?
S.57 of the CJA 2003
What are the 5 aims of sentencing?
Rertibution
Deterrence
Reform and rehabilitation
Protection of the public
Reparation
What is Retribution?
This is the punishment of an offender, proportionate to their crime. This is based on the biblical principle of an eye for an eye. It is most commonly achieved through custodial sentencing, community sentences or fines.
What is Deterrence?
This aims to deter individuals/the public from committing crime.
Individual deterrence: To stop a particular offender from committing further offences.
E.g. a harsher fine or sentence
General Deterrence: To prevent the general public from committing crime.
E.g. make an example out of someone
What is protection from the public?
When the sentence given will protect the public from the offender, this is most often achieved through custodial sentencing.
Or a dangerous driver can be given a driving ban.
What is reform and rehabilitation?
This is where the offender is given a sentence that will help rehabilitate their offending behaviour and prevent them from offending again.
S.57 Sentencing act 2020 states that rehabilitation should be prioritised for youth offenders.
PCSC 2022 requires that community sentencing should offer an appropriate level of punishment and address the underlying causes of offending providing early interventions to deflect people away from future offending.
What is Reparation?
This means paying back to the society what you have taken away, for example in the form of compensation or unpaid community work.
Can be done via conversation where the offender apologises for their actions and takes accountability for the offence.
Who are youth offenders?
Offenders aged 10-17, they are usually tried in the youth court, unless it is serious and it moved to the Crown.
And if they are being tried alongside and adult they may be tried in the CC.
What conditions are different in the Youth court?
Under the case of Thompson an enables v UK (1999), the ECtHR ruled that the trial of a young person must be held in a court room where:
* everyone is on the same level
* defendent permitted to sit with family
* wigs and gowns should not be worn
* press attendence should be restricted
* no jury or public
What is a Youth rehabilitation order?
This is a youth community sentence covered by s.173 Sentencing act 2020.
It aims to reduce the number of youth in custody.
Applied to anyone under the age of 18 who has committed a criminal offence for a maximum of 3 years.
What are some of the requirements an offender may be put with under S.174 of SA 2020?
- Electronic tag
- unpaid work
-exclusion order
-education
-prohibited from activity
What is a youth fine?
A fine which is paid by the parents or guardians of the offender if they are under 16.
What is a youth community sentence?
These are designed to act as a deterrent and provide a way to reform. They are classed as first tier sentences.
E.g. Referral order - s.83 SA 2020:
Youth offenders who plead guilty to a first offence are reffered for a 2-12 month contract to reform and repair damage.
Reparation order - s.109 SA 2020
May be required to clean up graffiti, meet their victim and apologise.
Parenting order - s.23 Police and Justice act 2003.
What are the 2 types of Youth discharge?
Conditional: Offender will not be punished for the current offence provided they commit no further offence for a specified period between 6 months and 3 years.
Absolute: With absolute discharges no punishment will be given despite the offender wither pleading guilty or being found guilty of the offence.
What are the 2 options for youth custody?
1.Detention and training order
-Lasts from 4 months - 2 years
-The first half is spent in custody while the second half is spent in the community under the supervision of the Youth Offending Team.
-This is presented to offenders which pose a high level of risk with offending history and where no other sentence would manage their sentence effectively.
2.Detention for life
-Imposed for very serious offences such as murder,manslaughter, kidnapping, s.18 GBH, burglary of a dwelling.
-Offences which an adult would serve 14+ years for.
What are the 4 Adult sentences?
-Custodial sentences
-Community sentences
-Fines
-Discharges
What is a community sentence for Adult offenders?
These can require the offender to do up to 300 hours of unpaid work,imposed curfew, and the offender may have to attent an alcohol/drug addiction course.
Imposed in 13% of cases each year, and can be applied to anyone over the age of 16.
What is a Fine?
Fines require the offender to pay a financial penalty, they can be imposed alone or alongside another type of sentence.
The level of fine is determined by taking account of factors such and the offenders financial means and the seriousness of offence.
Fines are imposed in 71% of cases yearly.
What is a discharge?
Discharges are given for very minor offences.
Absolute discharged: no punishment is imposed and the offender and the offender is free to go, however if they commit another offence in a specified time period they will be charged for the first and new offence.
A criminal record is still received.
What are the 5 types of custodial sentences?
- fixed term sentence
- discretionary life imprisonment
- mandatory life
- whole life order
- suspendend sentence
What is a Fixed-term custodial sentence?
This is the most common sentence.
For sentences over a year the D will spend the first half in prison and the other on community liscence with conditions attached.
LASPO 2012 introduced a new extended fixed term sentence for offenders who are convicted of serious sexual offences, they must serve 2/3 of their sentence in custody.
What is Discretionary life imprisonment?
This is covered under s.321 CJA 2003 and suggets that an offender should serve a sentence of life imprisonment when:
-The offender is convicted of a serious offence (10 years minimum)
- The offender poses a significant risk to the public of serious harm by carrying out further specified offences the max is life imprisonment.
-The court considers that the seriousness of the offence , or the offence and one or more associated offences justify the imposition of life imprisonment.
What is Mandatory life?
This compulsory sentence is given under 2 conditions:
- Offender who have been found guilty of murder. If they are considered for release by the Parole board then they will be on licence for the rest of their life.
- LASPO 2012 introduced a new two strike policy, which means that a mandatory life sentence will also be given to anyone convicted of a second serious sexual or violent crime.
What is a whole life order?
Life in custody.
Given to the most serious and persistent offenders.
PCSC Act 2022 provided a whole life order should be given as the starting point for the premeditated murder of a child.
What is a supsended sentence?
This is where the offender does not go to prison but has to comply with conditions set out by the court.
Ranges between 14 days and 1 year.
If conditions are breached the offender will be sent to prison for the remainder of their sentence.
