Sentencing Flashcards
Aim: Retribution (punishment)
Imposing a punishment because offender has broken law
E.g. tariff sentence
Tariff sentences
Each offence should have a certain tariff or level of sentencing
Aim: Deterrence
General and individual
E.g. Prison sentence, heavy fine
Individual deterrence
Offender deterred through fear of future punishment
General deterrence
Potential offenders warned as to likely punishment
Aim : rehabilitation
Alter offenders behaviour so that the conform to community norms and not reoffend in future
E.g. community order
Aim: reformation
Reform offenders behaviour so that he will not offend in future
Aim: protection of public
Offender made incapable of committing further crimes
Society protected
E.g. tagging, long sentence, banning order
7 aims of sentencing
Retribution Rehabilitation Reformation Deterrence Denunciation Protection of public Reparation
Aim: reparation
Offender compensates victim or society for offending behaviour
E.g. unpaid work, compensation order
Aim: denunciation
Expressing society’s disapproval of an offenders behaviour
E.g. reflects blameworthiness of offence
3 things When deciding a sentence
The offence
Sentencing guidelines
Offenders background
Aggravating factors…
Make offence more serious
4 Aggravating factors
Similar Previous convictions
If they’re on bail
Racial or religious hostility
Disability or sexual orientation being involved
4 aggravating factors in assault
Part of a group
Vulnerable victim like a child or elderly
Serving public like a nurse
If assault was premeditated
Mitigating factors…
Can give lighter sentence
E.g. helping police
4 mitigating factors
Mental illness
Physical illness
No previous convictions
No genuine remorse
Reduction in sentence if
Guilty plea early on
Act that sets of purposes of sentencing
Criminal justice act 2003 section 142
Most important part is to establish how serious crime was
S143 criminal justice act 2003
Heavier sentence if
Previous convictions
4 types of sentences
Custodial
Community orders
Fines
Discharges
3 custodial sentences
Mandatory and discretionary life sentence
Fixed term sentence
Suspended sentence
Custodial: mandatory life sentences
For murder only sentence is life
Judge can state minimum years (down to 12)
Full time: child, abduction, sexual motive, advancing a political religious or racial cause
Consider agg and mit
Custodial: discretionary life sentences
Offence under s18 of offences against persons act
Max life
Judge has discretion
Custodial: fixed term
Set number of months
Depends on several factors
Automatically released once served half of sentence
Only over 21 can be imprisoned
Custodial: suspended prison sentence
Up to 2 years
6 months in mags court
Does not take effect immediately
If no other crime committed sentence is not served after time
Community orders
Combined Requirements that are necessary
Mix and match
s177 criminal justice act
Community orders: 4 requirements
Unpaid work - 40-300 hours
Prohibited activity - forbidden area or clothes
Curfew - tagging
Supervision - probation officer
Fines
Mags court
Ordered to pay set rate each week
Discharges: conditional
No further offence committed for set period up to 3 years
Punishment not neceressary
But
If reoffend court can impose another sentence plus new one
Discharges: absolute
No penalty imposed
Technically guilty morally blameless
3 other powers courts have when sentencing
Disqualify driving
Compensation order to victim
Forfeiture order (property taken away)
