Sentencing

Question 1

How is the sentence decided?

Answer 1

Based on several factors such as the crime, aggravating or mitigating factors. Most of this is disclosed in pre-sentencing report.

Question 2

What are the aims of sentencing?

Answer 2

• Punishment
• Reduction of crime
• Rehabilitation
• Protection of the public
• Reparation of victim

Question 3

What is the point of retribution?

Answer 3

To punish the offender for what they have done. Also acts as a deterrent.

Question 4

What are the types of deterrence?

Answer 4

1- Individual deterrence, punish the individual offender so they don’t re-offend. (55% re-offend within 2 years)
2- General deterrence, punish those so severely others are put off from committing similar crimes.

Question 5

What is the point of reform/rehabilitation?

Answer 5

Try to help solve the problems behind their criminal behaviour. Carried out by the probation service.

Question 6

Whats the point of public protection?

Answer 6

Public need protection from dangerous criminals. Doesn’t just have to be through custodial sentences e.g. removing a driving licence.

Question 7

What is the point of reparation?

Answer 7

Aimed at compensating the victims, usually through a fine.

Question 8

What are the aggravating factors?

Answer 8

These can lead to a harsher sentence, factors such as:

• Harm it caused
• Pre-meditated attack
• If victim was particularly vulnerable

Question 9

What are the mitigating factors?

Answer 9

May mean they receive a more lenient sentence, such as:

• Previous good character
• Personal circumstances
• Shown remorse

Question 10

What is a mandatory life sentence?

Answer 10

This is where a life sentence must be given, can vary from 12 years to whole life.

Question 11

What is a discretionary life sentence?

Answer 11

Where any sentence up to life can be given.

Question 12

What is a fixed term sentence?

Answer 12

Set sentence for a number if months/years. Released after half the sentence. (Day = 1 day, Night = 1 day)

Question 13

What is a suspended sentence?

Answer 13

Sentence can be suspended up to 2 years, if they don’t commit more crimes during this they don’t serve the sentence.

Question 14

What is the point of community sentences?

Answer 14

Given in 13% of cases each year, try to rehabilitate the offender.

Question 15

Types of community sentences?

Answer 15

• Unpaid work
• Alcohol and drug treatment
• Curfew and electronic tag
• Supervision requirement

Question 16

What are the types of discharge?

Answer 16

Discharges are given when they don’t feel a punishment was necessary. (8%)
1- Conditional, no further action taken unless commit offence within 3 years.
2- Absolute, no further action is taken.

Question 17

Why are less women sent to prison than men?

Answer 17

• Inappropriate, suffered domestic violence.
• Damaging to health, most have mental illnesses
• Damaging to families, 17000 children separated each year
• Ineffective, 65% reoffend