Sentencing Flashcards
What statutory provision sets out the aims of sentencing?
S142 CJA 2003
What are the 5 aims of sentencing?
Punishment of offenders Reduction of crime Reform and rehabilitation Protection of the public Reparation by offenders to victims
what 6 types of sentence are available?
Imprisonment Suspended imprisonment Community orders Fines Compensation Orders Discharges - conditional and unconditional
What are ancillary orders?
Things added to your main sentence
Give 3 examples of ancillary orders
Restraining order
restitution order
confiscation order
What is the magistrates court max sentencing power for one offence?
6 months and an unlimited fine
What are the magistrates court max sentencing power for 2 or more either way offences?
12 months and unlimited fine
When was the unlimited fine introduced for the magistrates court?
March 2015
Which statutory provision previously capped magistrates fines to £5000
s85 LAPSO Act 2012
How does the court decide the seriousness of the offence?
Culpability and harm
Which statutory provision says culpability and harm will be taken into account?
S143 CJA 2003
What is the relation between the seriousness of the offence and the sentence an individual will receive?
The higher the seriousness the more severe the sentence
What does culpability mean?
How blameworthy are you for the offence?
What will be considered aggravating features when assessing seriousness?
Relevant previous convictions
offending on bail
Which statutory provision sets out aggravating features?
s143(2) CJA 2003
Which statutory provision says the court must consider ‘credit’ for a guilty plea?
s144 CJA 2003
Give four factors indicating higher culpability
planning an offence offending for financial gain targeting the vulnerable abuse of trust relevant pre cons
Give 3 examples of factors indicating higher harm
Multiple victims
serious physical or psychological effect on the victim
vulnerability of victim
Give 4 examples of factors which mitigate culpability
Exceptional degree of provocation
mental illness or disability
minor role in the offence
financial need rather than greed
Give 3 examples of factors which will mitigate the level of harm
low value of property stolen/damaged
limited impact on victim
victim of violence has pre-cons for violence
What statutory provision covers the custody threshold test?
s152 CJA 2003
What question does the custody threshold test ask?
is the offence so serious that neither a fine nor community penalty is justified?
What must custody be?
The only option
How long should a person remain in custody for?
The shortest time commensurate with the seriousness of the offence
Which statutory provision covers how long imprisonment should last?
CJA s142
What happens if a person is sentenced to more than 12 months?
They serve half of the term in prison and the rest on licence
How long can a prison sentence between 14 days and 2 years be suspended for?
6 months minimum and 2 years maximum
Which statutory provision sets out the community order threshold?
S148 CJA 2003
What question does the community order threshold ask?
Is an offence serious enough to justify a community sentence?
What is the maximum duration of a community order?
3 years
What does the court have to choose from when issuing a community order?
A menu of requirements to choose from
give four examples of requirements the court may choose to issue as part of the community order
Unpaid work
Activity
Prohibited activity
curfew and tag
What are the parameters for unpaid work the court may set?
between 40-300 hours
What is the maximum an activity requirement can last?
Up to 60 days
How long can curfew and tag last?
2-12 hours a day for up to 6 months
Which is the most common form of punishment?
Fines
What will the court take into account when issuing a fine and what does this mean?
Ability to pay
means the rich pay more
What is a conditional discharge subject to?
a requirement not to offend for a specified period
What is meant by an absolute discharge?
punishment is not necessary, the fact of conviction is sufficient
What is victim surcharge used to fund?
Victim services
if convicted, what might the defendant have to pay?
The prosecution legal costs, even if they are in receipt of legal aid
What may an acquitted defendant have their costs paid by?
Central funds, or by the prosecution
what does s125 CJA say?
The court has a duty to follow sentencing guidelines unless it is contrary to the interests of justice.
