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Law A2 > Sentencing > Flashcards

Sentencing Flashcards

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1
Q

What act sets out the purposes of sentencing for those over 18?

A

Criminal Justice Act 2003

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2
Q

What are the 6 aims of sentencing?

A

Retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation

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3
Q

What is retribution?

A

We punish offenders because they deserve punishment, it must be proportionate to the crime committed, the Sentencing Council is responsible

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4
Q

What did Von Hirsch state about retribution?

A

Punishment is important as it takes away the advantage the offender has… ‘The violator ceases to be at an advantage over his non violating fellow’

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5
Q

What are the evaluation points on retribution?

A

It has been criticised for being short-sighted as does not attempt to rehabilitate the offender or reduce crime
It can be described as ‘institutionalised revenge’ which can be extremely unfair

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6
Q

What is denunciation?

A

Way of society expressing disapproval of criminal activity, it teaches society right from wrong with moral boundaries, usually goes hand in hand with retribution

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7
Q

What are the evaluation points on denunciation?

A

It is limited as does not seek to reform offenders and can be used to justify excessive sentences which is harsh

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8
Q

What is incapacitation?

A

Prevent an offender from committing further crimes and protects society, banning drink drivers and giving curfews is also a form of incapacitation

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9
Q

What is incapacitation like in America?

A

Ultimate sentence is the death sentence and sex offenders have been incapacitated by medical treatment

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10
Q

What are the evaluation points on incapacitation?

A

Leads to huge prison populations as over the last 5 years the capacity has risen by nearly 20,000 which is extremely costly
It does not aim to reform offender behaviour and is very limited

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11
Q

What is individual deterrence?

A

Deterring individual from committing further crimes, excessive sentences help here
It can lead to unfair and excessive punishments such as in R v Whitton 1985 where a football hooligan was given life
Prison is not an effective deterrent as 55% of adults reoffend within 2 years and 70% of young offenders do
Assumes that the individual considers the consequences but is this really the case?

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12
Q

What is general deterrence?

A

Excessive penalties will act as a deterrent for the rest of the population e.g. in R v Whitton 1985
R v Rollings 2012 got a 5 year sentence for possession of a gun to make a point to rest of society
It is difficult to measure the effectiveness
It relies on the publicity of severe punishments but does this have enough impact?

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13
Q

What does general deterrence have a direct conflict with?

A

Retribution - it is probably the least effective and least fair principle of sentencing

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14
Q

What is rehabilitation?

A

Aim is to rehabilitate the offender so he can return to normal society, its reflected in many community penalties such as supervision orders and drug treatments etc

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15
Q

What are the evaluation points on rehabilitation?

A

It leads to individualised sentences which can be disproportionate and therefore inconsistent
It also can discriminate against the underprivileged as those from poorer backgrounds often seem perfect candidates to reform

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16
Q

What does the Powers of Criminal Courts (Sentencing) Act 2000 say about rehabilitation?

A

The court may take into consideration any previous failures to respond to previous sentences

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17
Q

What is reparation?

A

Aimed at compensating the victim of the crime. e.g. they may have to pay a sum of money or return stolen property or complete unpaid community work

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18
Q

What does S.130 Powers of Criminal Courts (Sentencing) Act 2000 say about reparation?

A

The courts must give reasons if they do not make a compensation order

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19
Q

What does the Criminal Justice Act 2003 say about a prison sentence?

A

It should only be passed when the crime is so serious that neither a fine nor a community service is justified, you have to be 21 or over

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20
Q

What is a mandatory life sentence?

A

Given to someone convicted of murder automatically, minimum term to be served is 15 years to life said by the CJA 2003, if released they will be on licence for the rest of their life
Discretionary life sentences are available for those convicted of offences such as robbery and rape

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21
Q

What is a fixed term sentence?

A

The most unusual type of sentence - fixes the amount of time the person spends in prison, if sentenced to over 4 years they MUST serve 2/3 of sentence and under 4 years 1/2 of sentence

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22
Q

What is an indeterminate sentence?

A

Under CJA 2003, for dangerous offenders where there is a significant risk to the public, court sets minimum time offender must spend in prison

23
Q

What is a home detention curfew?

A

Early release from prison can have a curfew attached usually enforced by electronic tagging, it helps keep the prison population down

24
Q

What is a whole life order?

A

Extremely rare and given to most serious and persistent offenders with permission of the secretary of state for example serial killer Levi Bellfield

25
Q

What is an extended sentence?

A

Used for sexual and violent offences where there is a significant risk to the public, sentence must be served on licence but cannot exceed 10 years for secual offence and 5 years for violent offence

26
Q

What is a minimum sentence?

A

Available for over 18 year olds only. Minimum 7 years for 3 convictions of dealing class A drugs and 3 years for 3 convictions of burglary

27
Q

What is a suspended sentence?

A

Can be imposed for up to 2 years where an immediate sentence would have not been appropriate, if an offender commits an offence within the set period he must serve the original prison sentence plus the new one

28
Q

What is the act that creates one community order with different requirements?

A

CJA 2003

29
Q

What are the 5 different types of requirements under the CJA 2003?

A

Unpaid work requirement - between 40-300 hours
Prohibited Activity requirement
Curfew requirement - between 2-16 hours within a 24 hour period
Exclusion requirement - up to 2 years for 16+ or 3 months for those -16
Supervision requirement - up to 3 years

30
Q

What are the 3 types of rehabilitation requirements?

A

Mental Health requirement
Drug rehabilitation requirement
Alcohol rehabilitation requirement

31
Q

What are the 3 other sentences for adult offenders?

A

Fines (£5000 for magistrates), conditional discharge and absolute discharge

32
Q

What are the orders that allow the courts to take away property from the D that he used in an offence?

A

Deprivation and forfeiture orders

33
Q

What act gives the court power to take from criminals the proceeds of their crimes for up to 6 years?

A

Proceeds of Crimes Act 1995

34
Q

Who are young offenders?

A

Those between 10-17, tried in the youth court except in serious cases where tried in the crown court

35
Q

What are the 2 out of court disposals for young offenders?

A

Reprimand - if first minor offence

Final warning - if second minor offence and a youth offending team programme becomes compulsory

36
Q

What are the 3 custodial penalties for young offenders?

A

Young offenders institution - between 15-20, minimum sentence is 21 days
Detention at her majesty’s pleasure - between 10-17
Detention and training orders - for a specified period for those aged between 12-21

37
Q

What are community penalties for youth offenders now governed by?

A

Youth rehabilitation order under the Criminal Justice and Immigration Act 2008

38
Q

What are the requirements attached to a youth rehabilitation order?

A 
All those requirements of an adult plus;
Activity requirement
Attendance centre requirement
Education requirement
Residence requirement
Drug treatment requirement
Fines, or discharges
39
Q

What act states parental responsibility on youth offenders?

A

CJA 2003 - parents have to agree to keep their child under control and if not can be fined up to £1000, courts can issue parenting orders intended to train and support these parents

40
Q

Who decided on the sentence?

A

The courts, the judge in the corwn court or the magistrates in the megistrates court (they have a limit of 6 months in prison for 1 offence or 12 months for 2, and a maximum fine of £5000)

41
Q

Who provides the guidelines on sentencing?

A

The Sentencing Council

42
Q

What do the courts consider in sentencing?

A

The offence and background of the offender, so they need to know details of the offence as it could affect the sentence

43
Q

What are aggravating factors and give some examples?

A

Factors that make the offence more serious such as previous convictions, if they were on bail, religious or sexual hostility, if there was a vulnerable victim and if the offence was premeditated

44
Q

What are mitigating factors and give some examples?

A

Factors that may help reduce the sentence for example if it was a first offence, if they show remorse or help police with identifying other defendants etc

45
Q

Where can there be a reduction in a sentence if you plead guilty?

A

up to a 1/3 if plead at first opportunity, up to 1/4 if after trial date set, up to 1/10 at the door of the court and then no reduction after that

46
Q

What reports do the courts consider in sentencing?

A

Pre-sentencing reports, medical reports and financial situation of the defendant

47
Q

Who was the sentencing council set up by and why?

A

The Coroners and Justice Act 2009 to make sentencing consistent

48
Q

What is the age of criminal responsibility in the UK and who criticised it?

A

10, younger than most EU countries, criticised by the United Nations Committee on the Rights of the Child
DOLI INCAPAX AFTER THE JAMES BULGER’S CASE

49
Q

Who can be allowed in a youth court?

A

An appropriate adult - limited access to the press and the public is not allowed

50
Q

Where was the role of the youth court consolidated?

A

Thompson an Venables v UK 1999 - ECHR said that it was in breach of article 6 to have youths tried in an adult court

51
Q

What act states the main aim of sentencing young offenders is to prevent reoffending and rehabilitate them?

A

S.142 CJA 2003

52
Q

What did the government do to reduce the amount of people in prison?

A

Along with the CJA 2003 bought in harsher community penalties to try to avoid custodial ones

53
Q

How many people did the Howard League for Penal Reform suggest there were in prison in May 2015?

A

85,684

54
Q

What reasons did the Fawcett Society have for thinking prisons were unfair on women?

A

They are inappropriate as over half the women in prison have suffered from domestic violence
Damaging to them as 70% of women in prison have mental health problems
Damaging to their families as 2/3rds of women in prison have dependent children
Ineffective as 65% reoffend on release

Law A2 (17 decks)

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