Sentencing Flashcards
What act sets out the purposes of sentencing for those over 18?
Criminal Justice Act 2003
What are the 6 aims of sentencing?
Retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation
What is retribution?
We punish offenders because they deserve punishment, it must be proportionate to the crime committed, the Sentencing Council is responsible
What did Von Hirsch state about retribution?
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’
What are the evaluation points on retribution?
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
What is denunciation?
Way of society expressing disapproval of criminal activity, it teaches society right from wrong with moral boundaries, usually goes hand in hand with retribution
What are the evaluation points on denunciation?
It is limited as does not seek to reform offenders and can be used to justify excessive sentences which is harsh
What is incapacitation?
Prevent an offender from committing further crimes and protects society, banning drink drivers and giving curfews is also a form of incapacitation
What is incapacitation like in America?
Ultimate sentence is the death sentence and sex offenders have been incapacitated by medical treatment
What are the evaluation points on incapacitation?
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
What is individual deterrence?
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?
What is general deterrence?
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?
What does general deterrence have a direct conflict with?
Retribution - it is probably the least effective and least fair principle of sentencing
What is rehabilitation?
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
What are the evaluation points on rehabilitation?
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
What does the Powers of Criminal Courts (Sentencing) Act 2000 say about rehabilitation?
The court may take into consideration any previous failures to respond to previous sentences
What is reparation?
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
What does S.130 Powers of Criminal Courts (Sentencing) Act 2000 say about reparation?
The courts must give reasons if they do not make a compensation order
What does the Criminal Justice Act 2003 say about a prison sentence?
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
What is a mandatory life sentence?
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
What is a fixed term sentence?
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
What is an indeterminate sentence?
Under CJA 2003, for dangerous offenders where there is a significant risk to the public, court sets minimum time offender must spend in prison
What is a home detention curfew?
Early release from prison can have a curfew attached usually enforced by electronic tagging, it helps keep the prison population down
What is a whole life order?
Extremely rare and given to most serious and persistent offenders with permission of the secretary of state for example serial killer Levi Bellfield
What is an extended sentence?
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
What is a minimum sentence?
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
What is a suspended sentence?
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
What is the act that creates one community order with different requirements?
CJA 2003
What are the 5 different types of requirements under the CJA 2003?
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
What are the 3 types of rehabilitation requirements?
Mental Health requirement
Drug rehabilitation requirement
Alcohol rehabilitation requirement
What are the 3 other sentences for adult offenders?
Fines (£5000 for magistrates), conditional discharge and absolute discharge
What are the orders that allow the courts to take away property from the D that he used in an offence?
Deprivation and forfeiture orders
What act gives the court power to take from criminals the proceeds of their crimes for up to 6 years?
Proceeds of Crimes Act 1995
Who are young offenders?
Those between 10-17, tried in the youth court except in serious cases where tried in the crown court
What are the 2 out of court disposals for young offenders?
Reprimand - if first minor offence
Final warning - if second minor offence and a youth offending team programme becomes compulsory
What are the 3 custodial penalties for young offenders?
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
What are community penalties for youth offenders now governed by?
Youth rehabilitation order under the Criminal Justice and Immigration Act 2008
What are the requirements attached to a youth rehabilitation order?
All those requirements of an adult plus; Activity requirement Attendance centre requirement Education requirement Residence requirement Drug treatment requirement Fines, or discharges
What act states parental responsibility on youth offenders?
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
Who decided on the sentence?
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)
Who provides the guidelines on sentencing?
The Sentencing Council
What do the courts consider in sentencing?
The offence and background of the offender, so they need to know details of the offence as it could affect the sentence
What are aggravating factors and give some examples?
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
What are mitigating factors and give some examples?
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
Where can there be a reduction in a sentence if you plead guilty?
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
What reports do the courts consider in sentencing?
Pre-sentencing reports, medical reports and financial situation of the defendant
Who was the sentencing council set up by and why?
The Coroners and Justice Act 2009 to make sentencing consistent
What is the age of criminal responsibility in the UK and who criticised it?
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
Who can be allowed in a youth court?
An appropriate adult - limited access to the press and the public is not allowed
Where was the role of the youth court consolidated?
Thompson an Venables v UK 1999 - ECHR said that it was in breach of article 6 to have youths tried in an adult court
What act states the main aim of sentencing young offenders is to prevent reoffending and rehabilitate them?
S.142 CJA 2003
What did the government do to reduce the amount of people in prison?
Along with the CJA 2003 bought in harsher community penalties to try to avoid custodial ones
How many people did the Howard League for Penal Reform suggest there were in prison in May 2015?
85,684
What reasons did the Fawcett Society have for thinking prisons were unfair on women?
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
