sentencing Flashcards
4 types of sentences
- custodial
- community order
- financial sentences
- discharges
which sentence is the most severe form of punishment
custodial sentences
what do custodial sentences involve
either suspended or immediate imprisonments
suspended prison sentence
not activated unless the offender commits a further offence
when can a maximum life sentence be given
s.18 OAPA
does the court have to impose a maximum sentence
no, they can give a lesser sentence where appropriate
fixed term prison sentence
a term of imprisonment for a set number of months or years
which act created the community order
criminal justice act
what can the court attach to community order
any requirements they think will punish and reform the offender
examples of requirements attached to community orders
- unpaid work requirement
- alcohol/drug treatment requirement
- supervision requirement
- curfew requirement
what does an unpaid work requirement involve
offender has to carry out unpaid work between 40-300 hours over a year over a project organised by the probation service
supervision requirement
offender placed under regular supervision of a probation officer for up to 3 years
curfew requirement
offender must remain at a fixed address for between 2-16 hours in any 24 hour period. maximum of 6 months. offender usually electronically tagged
who is a fine paid to
the state
who is compensation paid to
the victim
which are the least serious sentences
discharges
who are discharges usually imposed upon
first time minor offenders in MC
two types of discharge
conditional and absolute
conditional discharge
if offender commits a further offence in the stated period, they can be resentenced for the original offence
absolute discharge
no real penalty imposed as offender is technically guilty but morally blameless
what will a judge or magistrate take into account when passing a sentence
range of sentences available and what they’re trying to achieve by the punishment they give
which act sets out the aims of sentencing for those aged 18 and over
s.142 criminal justice act
aims of sentencing
- punishment of offenders
- reduction of crime
- protection of the public
- reform and rehabilitation of offenders
- making of reparation by offenders to persons affected by their crimes
aim of punishment/retribution
the idea that if someone has broken the criminal law they should be punished and get their just deserts
do all sentences involve retribution
to an extent, yes
two types of deterrence to reduce offending
individual deterrence and general deterrence
individual deterrence
impose severe sentences for crimes so that offenders are deterred from reoffending for fear of the consequences
general deterrence
impose severe sentences for crimes so other people are deterred from offending because they do not want the same fate
how is protection of the public achieved
offender given a sentence which makes them incapable of committing further crime
what is generally used to achieve the aim of protection of the public
long custodial sentence, community order with a curfew requirement
what does the aim of reforming the offender usually involve
help to alter the offenders behaviour so that he will not reoffend
what should the sentence take into account when trying to reform the offender
the personal circumstances of the offender and look to his future
what will the offender usually be given to try and rehabilitate and reform them
a community order with various requirements
reparation to Vs
the sentence tries to ensure that the offender makes amends
how may reparation be achieved
through a compensation order
what factors will be taken into account when deciding on a sentecne
- max prison sentence allowed by parliament
- max sentencing powers of court
- offenders background
- aggravating/mitigating factors
- aims of sentencing
- sentencing guidelines
what is the max sentence allowed by parliament for assault/battery
six months imprisonment
max sentence allowed by parliament for s.47 or s.20 OAPA
5 years imprisonment
max sentence for s.18 OAPA
life imprisonment
what is the maximum sentencing powers of MC
six months imprisonment for one offence (12 months for two)
what can a judge in the crown court impose
up to life imprisonment for an offence under s18
what category of offence are s47 and s20 OAPA
either way
what happens if D pleads guilty or is found guilty of an either way offence in MC
magistrates can only sentence up to 6 months imprisonment
what od MC have the option to do if they feel their sentencing powers are insufficient
committing the case to crown court for sentence
what can the judge impose if D pleads guilty or is found guilty of s47 or s20 OAPA
up to 5 years imprisonment
how often is the maximum period of imprisonment given
rarely
what does the criminal justice act say about passing custodial sentence
the court must not pass a custodial sentence unless the offence is serious enough
what must be in proportion if a custodial sentence is justified
the length of the custodial sentence and the seriousness of the offence
when should an offender be given a life sentence convicted of s18 under criminal justice act
if it is necessary to protect the public from serious harm from the offender
what may be referred to when when taking into account an offenders background
a pre sentence report drawn up by the probation service or to a medical/psychiatric report if the offender is ill
aggravating factors
circumstances which allow he court to impose a more severe sentence than it would’ve normally given
examples of aggravating factors in criminal justice act
- previous convictions for similar offences
- assault premeditated
- offence committed whilst D was on bail
- unprovoked attack
- involve racial/religious hostility
- offence involved hostility on grounds of disability or sexuality
- offence committed against vulnerable victim
- weapon used
- offender part of group attacking v
- v serving public
- offence committed under influence of alcohol/drugs
mitigating factors
circumstances which allow the court to impose a lower sentence than it would normally have given
examples of mitigating factors under criminal justice act
- offender has no previous convictions
- offender is very young/old
- offender has mental/physical illness
- offender has shown genuine remorse
- cooperation with police
- provocation by V
- d pleaded guilty at the first opportunity
who are sentencing guidelines issued by
the sentencing council
what do the sentencing council set out
the starting point and the range of sentencing options for an offence and the kind of factors the court should consider
tariff
the sentence appropriate for the average example for that offence
