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Law > Sentencing 1A > Flashcards

Sentencing 1A Flashcards

1
Q

What are the four types of sentence?

A

Custodial sentences
Community orders
Fines
Discharges

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2
Q

What does The Sentencing Act 2020 say?

A

That custodial sentences should only be imposed if the offence is so serious that neither a fine or community order is enough.

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3
Q

What are the four types of custodial sentence?

A

Mandatory life sentence
Discretionary life sentence
Fixed term sentence
Suspended sentence

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4
Q

What must a judge set when giving D a life sentence?

A

A minimum term / tariff

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5
Q

What is meant by a minimum term / tariff?

A

Shortest amount of time offender spends in prison before considered for release.
If the parole board say no, D continues sentence full term.

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6
Q

If D is released, they will be put on licence. What does this mean?

A

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.

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7
Q

Which sentence is never considered for release?

A

Whole life order

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8
Q

What kind of offence would receive a whole life order?

A

Murder of a child where there is a sexual motive.
Murder for ideological reasons.
( R v Couzens and R v Letby)

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9
Q

What is a discretionary life sentence?

A

Judge can choose to give life or a fixed term. (Crime example: manslaughter)

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10
Q

How long will D serve in prison of their sentence?

A

Usually only half. Then half on licence.

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11
Q

What is a suspended sentence?

A

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.

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12
Q

What kind of offences would get a suspended sentence?

A

First time offenders of less serious crimes.

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13
Q

How many requirements are there for a community order?

A

14 and judge chooses.

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14
Q

What are the five key requirements of a community order?

A

Unpaid work
Curfew
A programme (anger management or mental health)
Drug/ Alcohol treatment
Prohibited activity

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15
Q

Which classification of offence would be most likely to get a fine?

A

Summary offences

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16
Q

What does the level of fine rely on?
Limit?

A

There is no max limit.
It depends on the financial means of the offender.

17
Q

What are the two types of discharge?

A

Conditional
Absolute

18
Q

What is a conditional discharge?

A

Where court releases offender on the condition that no further offences are committed for up to 3 years.

19
Q

What happens if D re-offends whilst on a conditional discharge?

A

The court can impose a sentence to replace the discharge for the original offence and for the new offence another sentence.

20
Q

When is a conditional discharge used?

A

First time offenders of minor crimes.

21
Q

What is an absolute discharge?

A

Means that no punishment is imposed. It is used when D is technically guilty but morally blameless.

22
Q

What are the two types of factors that effect sentencing?

A

Aggravating
Mitigating

23
Q

Give some examples of aggravating factors.

A

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

24
Q

Give some examples of mitigating factors.

A

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

25
Q

What are Pre-Sentence reports?

A

Prepared by probation service and give details of offenders background and suitability for a community order.

26
Q

What are medical reports used for?

A

Where O has physical or psychological problems, court ask for a report so they can decide the most appropriate sentence.

27
Q

What else do the courts use when deciding the sentence?

A

Sentencing guidelines.

28
Q

What are the 5 aims of sentencing in the Sentencing Act 2020?

A

Reducing crime (including deterrence)

Punishment

Making Reparations

Reform and rehabilitation

Protection of the public

29
Q

What sentences Deter people from committing Summary Offences?

A

Harsh or Suspended sentences.

30
Q

Explain the Punishment Aim in the sentencing act 2020.

A

Passing a sentence that the offender deserves.
IT MUST FIT THE CRIME
Eg whole life for intense murders

31
Q

What is the sentence that makes the offender make reparations?

A

Community order

32
Q

What kind of sentence is used to reform and rehabilitate offenders?

A

Community orders

33
Q

What is the key sentence given to youth offenders?

A

Community order

34
Q

What sentences protect the public?

A

Custodial
Driving bans
Community orders

Law (9 decks)

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