Sentencing Flashcards
Which Statutes explain Sentencing?
- s142 Criminal Justice Act 2003
- s57 Sentencing Act 2020
What are the 5 aims of sentencing?
- Punishment
- Protection
- Deterrence
- Rehabilitation
- Reparation
Which section/Act are sentencing factors explained?
ss63-75 Sentencing Act 2020
Explain Aggravating Factors
Factors likely to increase sentence
- Vulnerable Victim
- Previous convictions
- Use of weapon
- Breach of position of trust
Explain Mitigating factors
Factors likely to decrease sentence
- Young D
- No previous convictions
- Shows remorse
- Attempts to compensate V
What are the 4 types of sentences?
- Custodial
- Community
- Fines
- Discharge
Advantages of custodial sentences
- Suitable for violent/sexual offenders
- Act as deterrent
- Protection of public
- May offer rehab programs
Disadvantages of custodial sentences
- 59% reoffend within 2 years of release (ineffective rehab)
- Exposes offenders to more criminals - fosters negativity
- Expensive
Advantages for community orders
- Potential societal benefits
- may prevent reoffending
- offenders can make amends
- flexible to fit needs of offender
Disadvantages of community orders
- less effective deterrence
- less public protection
- probation/monitoring is finite
Advantages of Fines
- person gives up what they’ve worked for
- Good deterrence
- avoid negative effects like in prison
Disadvantages of Fines
- unfair for low income people
- may reoffend
- 1/3 of fines not paid
- not appropriate for violent crimes
Explain the types of Discharges
Absolute Discharge:
- D free to go (legally culpable, morally blameless)
Conditional Discharge:
- No further action unless D reoffends within set time.
- If D reoffends, sentenced for new and old crime
- No criminal record if no reoffence
Advantage of Discharge
- Encourages better future behaviour
- Takes into account that going through court system is enough punishment for some
Disadvantages of Discharge
- Viewed as ‘Easy out’
- Unfair for victims
- no public protection
