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.