Sentencing 1A Flashcards
What are the four types of sentence?
Custodial sentences
Community orders
Fines
Discharges
What does The Sentencing Act 2020 say?
That custodial sentences should only be imposed if the offence is so serious that neither a fine or community order is enough.
What are the four types of custodial sentence?
Mandatory life sentence
Discretionary life sentence
Fixed term sentence
Suspended sentence
What must a judge set when giving D a life sentence?
A minimum term / tariff
What is meant by a minimum term / tariff?
Shortest amount of time offender spends in prison before considered for release.
If the parole board say no, D continues sentence full term.
If D is released, they will be put on licence. What does this mean?
Released but have to comply with certain conditions (check ins with parole officer, electronically tagged)
If they breach or re-offend they will go back to prison.
Which sentence is never considered for release?
Whole life order
What kind of offence would receive a whole life order?
Murder of a child where there is a sexual motive.
Murder for ideological reasons.
( R v Couzens and R v Letby)
What is a discretionary life sentence?
Judge can choose to give life or a fixed term. (Crime example: manslaughter)
How long will D serve in prison of their sentence?
Usually only half. Then half on licence.
What is a suspended sentence?
D is put straight on licence and if they breach or re-offend they will go to prison and serve the rest of their sentence there.
It can only be given to offences that have a sentence of two years or less.
What kind of offences would get a suspended sentence?
First time offenders of less serious crimes.
How many requirements are there for a community order?
14 and judge chooses.
What are the five key requirements of a community order?
Unpaid work
Curfew
A programme (anger management or mental health)
Drug/ Alcohol treatment
Prohibited activity
Which classification of offence would be most likely to get a fine?
Summary offences
What does the level of fine rely on?
Limit?
There is no max limit.
It depends on the financial means of the offender.
What are the two types of discharge?
Conditional
Absolute
What is a conditional discharge?
Where court releases offender on the condition that no further offences are committed for up to 3 years.
What happens if D re-offends whilst on a conditional discharge?
The court can impose a sentence to replace the discharge for the original offence and for the new offence another sentence.
When is a conditional discharge used?
First time offenders of minor crimes.
What is an absolute discharge?
Means that no punishment is imposed. It is used when D is technically guilty but morally blameless.
What are the two types of factors that effect sentencing?
Aggravating
Mitigating
Give some examples of aggravating factors.
Use of a weapon
High level of intent
Abusing a position of trust
Hostility towards race, religion etc
Previous convictions
Committing an offence whilst on bail or licence
Premeditation
V is vulnerable
V’s injuries are serious
Give some examples of mitigating factors.
First time offender
D is very old/ young
Showing remorse
Guilty plea
D has a difficult home life
D co-operates with the police
D is keen to make amends
D is vulnerable
What are Pre-Sentence reports?
Prepared by probation service and give details of offenders background and suitability for a community order.
What are medical reports used for?
Where O has physical or psychological problems, court ask for a report so they can decide the most appropriate sentence.
What else do the courts use when deciding the sentence?
Sentencing guidelines.
What are the 5 aims of sentencing in the Sentencing Act 2020?
Reducing crime (including deterrence)
Punishment
Making Reparations
Reform and rehabilitation
Protection of the public
What sentences Deter people from committing Summary Offences?
Harsh or Suspended sentences.
Explain the Punishment Aim in the sentencing act 2020.
Passing a sentence that the offender deserves.
IT MUST FIT THE CRIME
Eg whole life for intense murders
What is the sentence that makes the offender make reparations?
Community order
What kind of sentence is used to reform and rehabilitate offenders?
Community orders
What is the key sentence given to youth offenders?
Community order
What sentences protect the public?
Custodial
Driving bans
Community orders
