Sentencing Flashcards by kaddy touray

Aims of sentencing for adult offences are laid out in what section?

S.57 of the Criminal Justice Act 2003

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What are the 5 aims of sentencing?

RetributionDeterrence Reform and rehabilitation Protection of the public Reparation

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What is retribution?

• This is the ‘classic’ aim that is commonly used

• When committing a crime, a person needs to be punishment

• The main issue is that the punishment must be proportionate to the
crime– the ‘just deserts’ theory.

• Based on the Biblical principle of ‘an eye for an eye’

• Most commonly achieved through custodial sentence/community
sentence/fine

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What is deterrence?

This aim attempts to deter individuals/the public from committing crime

INDIVIDUAL DETERRENCE - To stop this particular offender committing any further crime
E.g. give someone a harsher sentence or harsher fine

GENERAL DETERRENCE - To prevent the general public committing the crime.
E.g. Make an example out of someone by giving them harsher sentence i.e. driving ban

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Protecting of the public

• Protection of society is where the sentence given will protect the public from the offender.
• Most commonly achieved through custodial sentence.

Other examples include:
• A dangerous driver could be given a driving ban, or a convicted burglar could be given
• An electronic tag to stop them from leaving their house after dark

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What is reform and rehabilitation?

• Rehabilitation 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.

• The Police, Crime, Sentencing and Courts Act 2022 requires that community sentencing should offer an appropriate level of punishment AND address the underlying causes of offending by providing early interventions to deflect people away from future offending

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What is reparation?

• Reparation means paying back to society what you have taken away, for example in the form of compensation or through unpaid community work.

• For example, someone who has been convicted of criminal damage may be ordered to remove graffiti or repair any damage they have caused.

• It can also be through a conversation when the offender takes accountability and apologises for their crime

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Examples of Aggravating factors

Seriousness of the crimeHarmBlame Previous convictions

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Examples of mitigating factors

Personal circumstances Remorse Guilty pleas

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Who are youth offenders?

• Offenders aged between 10 and 17 are classed as youth offenders, and are usually tried in the youth court, unless the case is so serious that it is tried in the Crown Court.

• Youths can also be tried in the Crown Court if they are being tried alongside an adult offender

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Trials in the youth court

• The role of the youth court was consolidated in the case of Thompson and Venables v UK (1999). The ECHR ruled that the trial of a young person should be held in a courtroom in which everyone is on the same level and the defendants should be permitted to sit with their family. Wigs and gowns should not be worn and press attendance should be restricted if necessary. There is no jury and the public are excluded

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Which section covers a type of youth rehabilitation order and what does it do?

• A type of youth community sentence covered by S.173 Sentencing Act 2020

• Used to reduce the number of young offenders in custody

• Can be applied to any under 18 who has committed a criminal offence for a maximum of 3 year

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Requirements that can be attached are listed in s.174 Sentencing Act 2020

• An activity requirement/prohibited activity
• Curfew/Electronic tag
• Unpaid work requirement
• Exclusion order
• Residence requirement
• Education
• Drug/alcohol/mental health treatment

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Requirements that can be attached are listed in s.174 Sentencing Act 2020

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Youth fines

Fines should reflect the offenders ability to pay

• If the youth is under 16, the parents/guardians are responsible to pay the fine

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Fines should reflect the offenders ability to pay

• If the youth is under 16, the parents/guardians are responsible to pay the fine

Youth fines

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Youth community sentences

• Designed to act as a deterrent and provide a way to reform.

• These are classed as first tier sentences.

Examples include:
• Referral order - S.83 Sentencing Act 2020
Youth offenders who plead guilty to a first offence are referred for a 3-12
month contract to reform and repair damage

• Reparation order - S.109 Sentencing Act 2020
May be required to clean up graffiti, meet their victim and apologise

• Parenting order - S.23 Police and Justice Act 2006
https://www.theguardian.com/society/2014/sep/17/restorative -justice-young-offenders-crime

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• Designed to act as a deterrent and provide a way to reform.

• These are classed as first tier sentences.

Examples include:
• Referral order - S.83 Sentencing Act 2020
Youth offenders who plead guilty to a first offence are referred for a 3-12
month contract to reform and repair damage

• Reparation order - S.109 Sentencing Act 2020
May be required to clean up graffiti, meet their victim and apologise

• Parenting order - S.23 Police and Justice Act 2006
https://www.theguardian.com/society/2014/sep/17/restorative -justice-young-offenders-crime

Youth community sentences

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What is a conditional youth discharge?

Offender will not be punished for the current offence provided they commit no further offences for a specified period between 6 months and 3 years

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Offender will not be punished for the current offence provided they commit no further offences for a specified period between 6 months and 3 years

What is a conditional youth discharge?

Absolute youth discharge

With absolute discharges no punishment will be given despite the offender either pleading guilty or being found guilty of the offence

Absolute youth discharge

Detention and training order

• They can last anything from 4 months to 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.

• Given to young offenders who represent a high level of risk, have a significant offending history or are persistent offenders and where no other sentence will manage their risks effectively

• They can last anything from 4 months to 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.

• Given to young offenders who represent a high level of risk, have a significant offending history or are persistent offenders and where no other sentence will manage their risks effectively

Detention and training order

Detention for life

• Imposed for very serious offences like murder, manslaughter, kidnapping, s.18 GBH, burglary of a dwelling. • Offences for which an adult would serve 14 years+

Detention for life

What are the 4 main categories of sentences available to the court (adult sentencing)

Custodial sentencesCommunity sentences FinesDischarges

What are the 4 main categories of sentences available to the court (adult sentencing)

Community sentencing for adults

• Community Orders are imposed in around 13% of criminal cases each year. • They can be given to anyone aged 16 or over • They can require the offender to do any number of things such as undertaking up to 300 hours of unpaid work, imposing a curfew, and/or requiring the offender to attend an alcohol or drug addiction course

Community sentencing for adults

Fines for adult sentencing

• Fines are imposed in around 71% of criminal cases each year. • They require the offender to pay a financial penalty. • They can be imposed alone, or in addition to another type of sentence. • When determining the level of fine, the court will take account of the seriousness of the offence and the offender’s financial means

Fines for adult sentencing

Adult sentencing discharges

• Discharges are imposed in around 4% of criminal cases and are given for very minor offences. • An offender can be given either an: • Absolute discharge: no punishment is imposed and the offender is free to go; or • Conditional discharge: no punishment is imposed and the offender is free to go, but if they commit another crime within a specified period of time, they will be sentenced for the first offence as well as the new one. • The offender will still receive a criminal record

Adult sentencing discharges

What is a determinate sentence?

fixed-term sentence • The most common custodial sentence • For sentences over a year, the defendant will spend half in prison and the other half in the community on licence with conditions attached

What is a determinate sentence?

Which new determinate sentence was created by LASPO 2012?

Created a new ‘extended determinate sentence’ for offenders who are convicted of serious sexual offences. • They must serve at least two-thirds of their sentence in custody

Which new determinate sentence was created by LASPO 2012?

When should a discretionary life sentence be used?

> The offender is convicted of a serious offence (defined as carrying a maximum sentence of life imprisonment or at least ten years) > The offender poses a significant risk to the public of serious harm by carrying out further specified offences the maximum penalty for the offence is life imprisonment > The court considers that the seriousness of the offence, or the offence and one or more associated offences, justifies the imposition of imprisonment for life

When should a discretionary life sentence be used?

What is a discretionary life sentence?

Imprisonment for life is covered under s321 Criminal justice Act 2003 and suggests that an offender should serve a sentence of imprisonment for life

What is a discretionary life sentence?

When should a mandatory life sentence be used?

1. Offenders who have been found guilty of murder. If they are considered for release by the Parole Board then they will be on a licence for the rest of their lives. 2. LASPO 2012 introduced a 'two strikes' policy, which means that a mandatory life sentence will also be given to anyone convicted of a second serious sexual or violent crime

When should a mandatory life sentence be used?

When should a whole life order be the starting point for a sentence?

• There are currently very few prisoners serving whole life orders in England and Wales. However, the Police, Crime, Sentencing and Courts Act 2022 provided that a whole life order should be the starting point for the premeditated murder of a child

When should a whole life order be the starting point for a sentence?

What is the meaning of a whole life order?

Whole life orders are extremely rare and are given to the most serious or persistent offenders.

What is the meaning of a whole life order?