Sentencing 1A Flashcards
(34 cards)
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
