Sentencing Flashcards
What do judge and magistrates look at when passing sentences
Look at sentences available and also have to decide what they are trying to achieve. Section 142 of Criminal Justice Act 2003 sets out purposes of sentencing for over 18:
•punishment of offenders
•reduction of crime
What are the five things judges and magistrates look at when sentencing
section 142 of the Criminal Justice Act 2003:
- punishing offenders
- reduction of crime including deterrence
- reform and rehabilitation of offenders
- protecting the public
- making reparations to those affected by offenders actions ie community service
define retribution
imposing a punishment because the offender deserves it . Doesn’t seek to reduce crime or alter offenders future behaviour. Oldest form is eye for an eye
what are tariff sentences
based on today that sentences should have a certain tariff of sentencing. sentencing council makes guidelines for all main offence categories. Judges usually take notice of these and shouldn’t normally give a lower sentence than minimum in guidelines. Sentence. must be proportional to crime
What three offence categories are there and what are their criteria
Category 1: greater harm (serious injury must normally be present) and higher cupability
Category 2: greater harm with usually a serious injury present but lower culpabilty OR lesser harm and higher culpability
Category 3: less harm and lower culpability
what does starting point and category range mean
court uses corresponding starting points to reach sentence within the categories of 123. starting point applies to all offenders regardless of plea or other convictions.
what are the three categories with starting points and category range
category 1 SP: 1 year 6 months custody, CR:1-3 years custody
category 2 SP: 26 weeks custody CR: low level community order 51 weeks custody
category 3 SP: medium level community order CR: Band A high level community order
define deterrence and suitable punishment
individual: offender deterred through fear of further punishment
general: potential offenders warned off due to likely punishment
Suitable: prison sentence, heavy fine and long sentence as an example to others
define rehabilitation and suitable punishment
reform offenders behaviour
suitable: individualised sentence, community order
define public protection and suitable punishment
offender made incapable of committing crime, society is protected from crime
suitable: London prison sentences, tagging and banning orders
define reparation and suitable punishment
repayment and reparation to victims or community
suitable: compensation order, unpaid work, reparation schemes
define denunciation and suitable punishment
society expressing disapproval, enforces moral boundaries.
suitable: reflects blameworthiness of offence
whats a custodial sentence
crown court has unlimited sentencing powers and can pass any custodial length up to maximum for each offence.Power to give life imprisonment for serious offence like rape and manslaughter.
mags only have max of 6 months per offence for sentencing.
what are fines in crown and mags court
crown- unlimited power, no max limit to fines. Summary mags offences set in 5 different levels 1.) max 200 2.) max 500 3.) max 1k 4.)2500 max 5.) unlimited mags have to stay within limit
other powers in crown n mags
can use conditional discharge, compensation order, driving disqualification.
what is a custodial sentence
most serious imposable punishment, range for a few weeks to life in prison. Include mandatory life sentences, fixed term sentences and suspended sentences.
what act sets out guideline for custodial sentences and what does it say
Crim Justice Act 2003, and that shouldn’t be used unless offence was so serious that a ‘fine alone nor a community sentence can be justified’
Define a mandatory life sentence and its rules
only sentencing for murder. Judge can state min no. of impriosnment years that must be served until eligible for release.Min term governed by crime justice act 2003 which gives judges a clear starting point.range from full life term to down to 12 years depending on case facts
define discretionary life sentences and rules
For serious offences like s18 Offences against the person act 1861 max is life imprison but doesn’t have to be imposed. can give lesser sentences whee appropriate. For certain serious offences, life should be given if second offence
define fixed term sentences n rules
length depends on factors like max sentences available for that crime, seriousness and defendants track record. Imprisonment for set no of months or years is called a fixed term. Prisoners don’t serve whole length, automatically released after serving half. Offenders 21+ can be given imprisonment
whats the issue with prison populations
England n Wales prisons overcrowded. 10k in 1951 to about 85k in 2016
define suspended prison sentences and their rules
adult offender may be given ss of up to 2 years (6 in mags) which means doesn’t take affect immediately. If offender doesn’t commit a crime in this time then sentence not served, if they do then sentence is ‘activated’ and serves original sentence plus extra for new conviction. Only given where crime serious that immediate custodial sentence appropriate but exceptional circumstances that justify suspension.
define community order n their rules
Crim Jus Act 2003 created 1 community order under which court can combine any requirements thought necessary. Can be mixed n matched allowing to fit restrictions and rehabilitation needs of offender. Available aged 16 and over and full requirements set outings s 177 of cja2003 which says that 'a person aged 16 or over is convicted of an offence the court by or before which he is convicted may make an order imposing on him any one or more of the requirements. Meant to prevent further offences: a Unpaid work b Activity requirement C a program requirment d prohibited activity e curfew f exclusion g residence requirement h mental health treatment I drug rehabilitation j alcohol treatment k supervision requirement l attendance centre requirement (if under 25)
define unpaid work requirement
40-300 hours wrk for free on a suitable project organised by probation service.usually worked in 8 hour sessions an usually at weekends. work varies depending on what local probation service is running, can include painting school buildings or helping to build a play area
define prohibited activity requirement
to try and stop offender reoffending ie prohibiting them from going to an area that they’ve caused trouble. In 2006 someone was banned from carrying paint dye ink etc due to criminal damage conviction
Define curfew requirement
can be ordered to remain at a fixed address between a certain no of hours (between 2-16) in any 24 hr period and can be enforced for up to 6 months. monitored by electronic tag if suitable . Can only make an order if theres suitable monitoring arrangements in the area. Can be done by spot checks, electronic tags or security firms sending someone to check on them. Satellite tech can be used to track those tagged.
define supervision requirement
played under probation officer supervisor for three years. Offender must attend appointments with supervisor/someone supervisor decided they can meet with
define fines
common way of disposing of a case in mags court, and in crown only small percentage dealt with by this. Usually ordered to pay weekly rate
define discharges
conditional= discharges on pretence no offence committed in period of up to 3 years. intended to be used where its thought a punishment not necessary. If reoffends in time limit then a court can impose another sentence in place of CD, and a penalty for new offence, widley used in mags for 1st time offenders. or absolute discharge means no penalty imposed. Likely to be used where D is guilty but morally blameless. Barely used.
what are other powers of the court
driving disqualifying for a certain time- usually used in motoring offences but also like theft of car
compensation order- order offender to pay sum of money to victim of crime
forfeiture- certain property has to be taken away ie cans of spray paint from a crim damage crime using spray paint
whats a victim surcharge
when sentence passed also must order relevant surcharge paid depending on sentence and age of offender at time of offence. Revenue from surcharge put to victim services through Victim and Witness general fund
what three things do courts consider in sentencing
offence, sentencing guidelines and offenders background
whats the most important point in sentencing
how serious was it, of its type?
Where is how serious it is and what type set out?
s 143(1) of C J Ac2003
What factors are given as aggravating to make an offence more serious in CJA 2003
Previous convictions for offences of a similar nature/ relevant to present offence
Defendanr was on bail when offence committed
Racial or religious hostility involved
Hostility to disabilities or sexual orientations
Give some aggravating factors in sentencing in Crim Jus Act 2003 in specific offences (ie assault)
Offender being part of a group attacking the victim
Particularly vulnerable victim ie young child or elderly
Victim in public service like a nurse
Premeditated assault
All of these factors usually lead to a more severe sentence being passed
What are mitigating factors available in sentencing
Allows lighter sentence to be given, such as:
Police co operation Mental illness of defendant Physical illness of defendant No previous convictions Evidence of genuine remorse
What happens to cause a reduction in a guilty plea
Early please in proceedings, sentencing council guidelines on this are that a reduction for a guilty plea at first reasonable opportunity should attract reduction of a third while plea after trial started is 1/10. Only exception is if evidence is overwhelming and guilt is clear and then only judge may give 20% discount
What affects sentencing for offender due to their background
Previous convictions: likely to receive heavier sentence for a same or similar crime type. No previous con means usually more leniant sentence
Reports: prepared by probation service on offender and background. If ill then court may ask for med report. Will be considered with other factors
