Sentencing Flashcards
Retribution
It’s aim is to punish the offender - the person has knowingly done wrong and should therefore be punished
Rehabilitation
Helps offender solve their issues that lie behind his or her criminal behaviour - they should avoid committing further offences - anger management classes
Reparation
The offender should ‘make amends’ for their crime - usually they will carry out work in the community or by paying financial compensation - should encourage offender to accept responsibility
Deterrence
Punish criminals in order to deter people from reoffending and thus reducing the number of crimes committed
Denunciation
Society expresses its outrage towards the behaviour of the individual and condemns it - convicted shoplifters are made to stand outside of a shop they have stolen from with a sign proclaiming that they have stolen from there
Protection the public
The idea that prisons remove dangerous criminals from public domain by restricting their liberty
Under the CJA would can the court do?
Pass a custodial sentence if they think that the offence was serious that neither a fine alone nor a community sentence can be justified for it
What is a mandatory sentence?
The only sentence that can be passed for murder is life imprisonment
What lays down minimum sentences for some crimes?
The powers of criminal courts (sentencing) act 2000
What is the minimum sentence for class A drug trafficking?
7 years
What is the minimum sentence for a third conviction of domestic burglary?
3 years
Who will be released after only serving half their sentence?
Those sentences to less than 4 years
Who will have to serve 2/3 of their sentences?
Those will longer than 4 years
What happens when someone is released?
They remain on licence for the remainder of their sentences
Who can apply for parole?
Those sentenced to life
In exceptional circumstances, how long may a suspended prison sentence vary?
6 months - 2 years
What happens to the person if they have a suspended prison sentence?
Offender obliged to carry out work in community and must by commit any further offences during the time the Semtex is suspended
What happens if the offender commits another crime while on a suspended prison sentence?
He or she will have to serve the sentence in prison
As the end of Jan 2006, what was the prison population?
75,661
Who showed the statistics of the prison population?
Home officer
How may males where in prison?
71,305
How may females were in prison?
4,356
What % of those convicted will receive prison sentences?
7
What % of community sentences are imposed in cases each year?
13%
What is a community sentence?
A serious punishment but an alternative to prison
At what age can someone be given a community sentence?
16 or over
What is community sentences seem to more effective than?
Rehabilitating offenders rather than sending them to prison
Under what act can a community offence be passed?
Under s.48 of the Criminal Justice act 2003
When can a community sentence be passed?
If the offence is serious enough to warrant it
Examples of community offences?
40-300 hours of unpaid work in the community (cleaning graffiti, collecting charity bag donations)
Supervision by probation officer
Treatment for alcohol addiction
Curfew (offender to remain in a specified place)
A fine?
Requires the offender to pay a financial penalty
What can the Mags give a fine up to?
£5,000
What is the max fine from a crown court?
There is no max
What 2 factors must the court take into account when setting a fine?
The seriousness
The financial means of the offender
What % of fines are imposed in cases?
71%
What is the most common sentence?
Fines
What % of discharge is imposed in cases?
8%
What is discharge?
When the D has been convicted of an offence but the court is of the opinion that punishment is necessary for some reason
What are the 2 types of discharge?
Conditional
Absolute
What is conditional discharge?
No further action will be taken against him or her as he or she does not commit a further offence within a specified time period of up to 3 years
What happens to someone who commits a further crime? (Conditional discharge)
They will be re-sentence for that offence as well as revising whatever sentence passed for the second offence
What is absolute discharge?
The offender will have a criminal record but no further action will be taken
What is a reparation order?
Intended to help young offender to understand the consequences off their offending and take responsibility for their behaviour
Referral order?
If the young offender is in court for the first time and pleads guilty they may be given a referral order
What is required in a referral order?
Youth offender panel
What is the Youth offender panel made up of?
2 volunteers from local community and 1 from youth offending team
