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Law > sentencing > Flashcards

sentencing Flashcards

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1
Q

4 types of sentences

A
  • custodial
  • community order
  • financial sentences
  • discharges
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2
Q

which sentence is the most severe form of punishment

A

custodial sentences

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3
Q

what do custodial sentences involve

A

either suspended or immediate imprisonments

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4
Q

suspended prison sentence

A

not activated unless the offender commits a further offence

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5
Q

when can a maximum life sentence be given

A

s.18 OAPA

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6
Q

does the court have to impose a maximum sentence

A

no, they can give a lesser sentence where appropriate

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7
Q

fixed term prison sentence

A

a term of imprisonment for a set number of months or years

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8
Q

which act created the community order

A

criminal justice act

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9
Q

what can the court attach to community order

A

any requirements they think will punish and reform the offender

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10
Q

examples of requirements attached to community orders

A
  • unpaid work requirement
  • alcohol/drug treatment requirement
  • supervision requirement
  • curfew requirement
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11
Q

what does an unpaid work requirement involve

A

offender has to carry out unpaid work between 40-300 hours over a year over a project organised by the probation service

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12
Q

supervision requirement

A

offender placed under regular supervision of a probation officer for up to 3 years

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13
Q

curfew requirement

A

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

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14
Q

who is a fine paid to

A

the state

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15
Q

who is compensation paid to

A

the victim

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16
Q

which are the least serious sentences

A

discharges

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17
Q

who are discharges usually imposed upon

A

first time minor offenders in MC

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18
Q

two types of discharge

A

conditional and absolute

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19
Q

conditional discharge

A

if offender commits a further offence in the stated period, they can be resentenced for the original offence

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20
Q

absolute discharge

A

no real penalty imposed as offender is technically guilty but morally blameless

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21
Q

what will a judge or magistrate take into account when passing a sentence

A

range of sentences available and what they’re trying to achieve by the punishment they give

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22
Q

which act sets out the aims of sentencing for those aged 18 and over

A

s.142 criminal justice act

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23
Q

aims of sentencing

A
  • 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
24
Q

aim of punishment/retribution

A

the idea that if someone has broken the criminal law they should be punished and get their just deserts

25
Q

do all sentences involve retribution

A

to an extent, yes

26
Q

two types of deterrence to reduce offending

A

individual deterrence and general deterrence

27
Q

individual deterrence

A

impose severe sentences for crimes so that offenders are deterred from reoffending for fear of the consequences

28
Q

general deterrence

A

impose severe sentences for crimes so other people are deterred from offending because they do not want the same fate

29
Q

how is protection of the public achieved

A

offender given a sentence which makes them incapable of committing further crime

30
Q

what is generally used to achieve the aim of protection of the public

A

long custodial sentence, community order with a curfew requirement

31
Q

what does the aim of reforming the offender usually involve

A

help to alter the offenders behaviour so that he will not reoffend

32
Q

what should the sentence take into account when trying to reform the offender

A

the personal circumstances of the offender and look to his future

33
Q

what will the offender usually be given to try and rehabilitate and reform them

A

a community order with various requirements

34
Q

reparation to Vs

A

the sentence tries to ensure that the offender makes amends

35
Q

how may reparation be achieved

A

through a compensation order

36
Q

what factors will be taken into account when deciding on a sentecne

A
  • max prison sentence allowed by parliament
  • max sentencing powers of court
  • offenders background
  • aggravating/mitigating factors
  • aims of sentencing
  • sentencing guidelines
37
Q

what is the max sentence allowed by parliament for assault/battery

A

six months imprisonment

38
Q

max sentence allowed by parliament for s.47 or s.20 OAPA

A

5 years imprisonment

39
Q

max sentence for s.18 OAPA

A

life imprisonment

40
Q

what is the maximum sentencing powers of MC

A

six months imprisonment for one offence (12 months for two)

41
Q

what can a judge in the crown court impose

A

up to life imprisonment for an offence under s18

42
Q

what category of offence are s47 and s20 OAPA

A

either way

43
Q

what happens if D pleads guilty or is found guilty of an either way offence in MC

A

magistrates can only sentence up to 6 months imprisonment

44
Q

what od MC have the option to do if they feel their sentencing powers are insufficient

A

committing the case to crown court for sentence

45
Q

what can the judge impose if D pleads guilty or is found guilty of s47 or s20 OAPA

A

up to 5 years imprisonment

46
Q

how often is the maximum period of imprisonment given

A

rarely

47
Q

what does the criminal justice act say about passing custodial sentence

A

the court must not pass a custodial sentence unless the offence is serious enough

48
Q

what must be in proportion if a custodial sentence is justified

A

the length of the custodial sentence and the seriousness of the offence

49
Q

when should an offender be given a life sentence convicted of s18 under criminal justice act

A

if it is necessary to protect the public from serious harm from the offender

50
Q

what may be referred to when when taking into account an offenders background

A

a pre sentence report drawn up by the probation service or to a medical/psychiatric report if the offender is ill

51
Q

aggravating factors

A

circumstances which allow he court to impose a more severe sentence than it would’ve normally given

52
Q

examples of aggravating factors in criminal justice act

A
  • 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
53
Q

mitigating factors

A

circumstances which allow the court to impose a lower sentence than it would normally have given

54
Q

examples of mitigating factors under criminal justice act

A
  • 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
55
Q

who are sentencing guidelines issued by

A

the sentencing council

56
Q

what do the sentencing council set out

A

the starting point and the range of sentencing options for an offence and the kind of factors the court should consider

57
Q

tariff

A

the sentence appropriate for the average example for that offence

Law (39 decks)

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