sentencing Flashcards
what act sets out the purposes of sentencing for those aged 18 or over
section 142 , the criminal justice act 2003
what are the pupose for sentencing those ged 18 or over, saying that a court must have regard to
the punishment of offenders
the reduction of crime
the reform and rehabilitation of offenders
the protection of the public
the making of reparation of offenders to person affected by their offence
what is retribution
imposing a punishment because the offender deserves punishment
what is a suitable punisment according to that theory
tariff sentence
sentence must be proportionate to the crime
what is deterrence
giving a punishment aimed at putting off the defendant from re-offending because of fear of punishment or preventing potential offenders from comitting similar crimes
which are the two types of deterrence
indivisual deterrence and general deterrence
what is rehabilitate
trying to alter offenders’ behaviour so that they will conform the community norms and not offend in future
what is reformation
trying to reform the offenders’ behaviour so that they will not offend in future
what is the suitable punishment for deterrence theory
prison sentence
heavy fine
long sentence as an example to others
what is te suitable punishment for rehabilitation theory
individualised sentence
community order
what is protection of society
offender is made incapable on making further crime
what is the suitable punishment for protection of society
long prison sentence
tagging
banning orders
what is reparation
where an offender compensates the victim or society for the offending behaviour
what is the suitable punishment for the reparation
compensation order
unpaid work
reparation schemes
what is denunciation
expressing society’s disapproval of an offender’s behaviour
what is the suitable punishment for the denunciation
reflects blameworthiness of the offence
what are the powers of the criminal court
custodial sentence
fines
other powers
sentencing available for adults
custodial sentences community orders fines discharges other powers of the court
where the crown court can give the biggest fine
on businesses for breaches of health and safety laws
what is custodial sentence
is the most serious punishment that a court can impose
what include custodial sentence
mandatory and discretionary life sentence
fixed term sentences
suspended prison sentences
mandatory life sentences main points
for murder the only sentence a judge can impose is a life sentence
the starting points range from a full life term down to 12 years depending on the facts of the case
discretionary life sentence main points
the judge has discretion in sentencing and can give any lesser sentence where appropriate
a life sentence should be given for a second offence if serious
fixed term sentences main points
factors: seriousness of the crime, the defndant’s previous record
anyone sent to prison is automatically released after they served half of the sentence
suspended pprison sentence
the sentence doesn’t take effect immediately
if offender cause another offence then he may serve that sentence together with the new one
what includes community order
unpaid work requirement (40-300)
prohibited activity requirement
curefew requirement
supervision requirement
factors in sentencing
aggravating factors mitigating factors plea of guilty offender's background reports on the offenders
what is the average re-offending rate for adults
24,7 per cent
which type of offence was associated with higher re- offending rates
theft
how many previous offences had been committed by those with the highest rate of re-offending
11 or more
what was the re-offending rate for those released from a custodial sentence?
45,5 per cent
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