Sentencing Flashcards

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1
Q

Retribution

A

It’s aim is to punish the offender - the person has knowingly done wrong and should therefore be punished

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2
Q

Rehabilitation

A

Helps offender solve their issues that lie behind his or her criminal behaviour - they should avoid committing further offences - anger management classes

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3
Q

Reparation

A

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

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4
Q

Deterrence

A

Punish criminals in order to deter people from reoffending and thus reducing the number of crimes committed

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5
Q

Denunciation

A

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

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6
Q

Protection the public

A

The idea that prisons remove dangerous criminals from public domain by restricting their liberty

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7
Q

Under the CJA would can the court do?

A

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

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8
Q

What is a mandatory sentence?

A

The only sentence that can be passed for murder is life imprisonment

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9
Q

What lays down minimum sentences for some crimes?

A

The powers of criminal courts (sentencing) act 2000

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10
Q

What is the minimum sentence for class A drug trafficking?

A

7 years

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11
Q

What is the minimum sentence for a third conviction of domestic burglary?

A

3 years

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12
Q

Who will be released after only serving half their sentence?

A

Those sentences to less than 4 years

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13
Q

Who will have to serve 2/3 of their sentences?

A

Those will longer than 4 years

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14
Q

What happens when someone is released?

A

They remain on licence for the remainder of their sentences

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15
Q

Who can apply for parole?

A

Those sentenced to life

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16
Q

In exceptional circumstances, how long may a suspended prison sentence vary?

A

6 months - 2 years

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17
Q

What happens to the person if they have a suspended prison sentence?

A

Offender obliged to carry out work in community and must by commit any further offences during the time the Semtex is suspended

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18
Q

What happens if the offender commits another crime while on a suspended prison sentence?

A

He or she will have to serve the sentence in prison

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19
Q

As the end of Jan 2006, what was the prison population?

A

75,661

20
Q

Who showed the statistics of the prison population?

A

Home officer

21
Q

How may males where in prison?

A

71,305

22
Q

How may females were in prison?

A

4,356

23
Q

What % of those convicted will receive prison sentences?

A

7

24
Q

What % of community sentences are imposed in cases each year?

A

13%

25
Q

What is a community sentence?

A

A serious punishment but an alternative to prison

26
Q

At what age can someone be given a community sentence?

A

16 or over

27
Q

What is community sentences seem to more effective than?

A

Rehabilitating offenders rather than sending them to prison

28
Q

Under what act can a community offence be passed?

A

Under s.48 of the Criminal Justice act 2003

29
Q

When can a community sentence be passed?

A

If the offence is serious enough to warrant it

30
Q

Examples of community offences?

A

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)

31
Q

A fine?

A

Requires the offender to pay a financial penalty

32
Q

What can the Mags give a fine up to?

A

£5,000

33
Q

What is the max fine from a crown court?

A

There is no max

34
Q

What 2 factors must the court take into account when setting a fine?

A

The seriousness

The financial means of the offender

35
Q

What % of fines are imposed in cases?

A

71%

36
Q

What is the most common sentence?

A

Fines

37
Q

What % of discharge is imposed in cases?

A

8%

38
Q

What is discharge?

A

When the D has been convicted of an offence but the court is of the opinion that punishment is necessary for some reason

39
Q

What are the 2 types of discharge?

A

Conditional

Absolute

40
Q

What is conditional discharge?

A

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

41
Q

What happens to someone who commits a further crime? (Conditional discharge)

A

They will be re-sentence for that offence as well as revising whatever sentence passed for the second offence

42
Q

What is absolute discharge?

A

The offender will have a criminal record but no further action will be taken

43
Q

What is a reparation order?

A

Intended to help young offender to understand the consequences off their offending and take responsibility for their behaviour

44
Q

Referral order?

A

If the young offender is in court for the first time and pleads guilty they may be given a referral order

45
Q

What is required in a referral order?

A

Youth offender panel

46
Q

What is the Youth offender panel made up of?

A

2 volunteers from local community and 1 from youth offending team