Sentencing*

Question 1

What does the Criminal Justice Act 2003 s.142 state that the aim of sentencing is?

Answer 1

The CJA 2003 s.142 states that the aim of sentencing is, ‘What the judge hopes it will achieve’.

Question 2

Give some examples of the aims of Punishment.

Answer 2

Punishment is used to:

• ‘An eye for an eye’.
• Dosen’t seek to reform the offender, merely make them pay for their wrong-doings.
• The threat of punishment may act as a deterrent.
• Denunciation- When society expresses outrage at the offender.

Question 3

What is the main aim of reform and rehabilitation?

Answer 3

Reform/rehabilitation seeks to solve the offender’s issues that lie behind their criminal behaviour. Could be done as a community order.

Question 4

What is the basic principle of reparation?

Answer 4

Reparation aims to make the offender ‘repay’ the victim for the things they have done. Restitution is when the offender repays society as a whole e.g community service.

Question 5

What happens in a discharge?

Answer 5

Where punishment is deemed unnecessary.

Question 6

True or false. In a discharge, the offender will not recieve a criminal record.

Answer 6

False. A criminal record is still given, although no punishment is given. A criminal record may be seen as enough as a punishement.

Question 7

What is a ‘conditional discharge’?

Answer 7

No further action is taken as long as they do not commit another offence within a certain period of time (3 years).

Question 8

What is an ‘absolute discharge’?

Answer 8

When no further action is taken towards the offender. only used for very minor offences.

Question 9

In what percentage of cases are fines imposed annually?

Answer 9

Fines are used in 71% of cases annually, making them the most commonly used type of sentence.

Question 10

Where does the fine go?

Answer 10

All money collected in fines goes to the state except for a compensation order (goes to victim).

Question 11

Which type of sentence is used in 13% of cases each year?

Answer 11

Community orders are used in 13% of cases annually.

Question 12

Which piece of legislation lists the attachments to a community order?

Answer 12

S.177 of the Criminal Justice Act 2003 lists the attatchments to a community order.

Question 13

List 3 of the different attachments to a community order as described by s.177 CJA 2003.

Answer 13

The attatchments to a community order are:

• Unpaid Wordk (community service)
• Activity requirement
• Mental Health requirement
• Alcohol Treatment requirement
• Drug Rehabilitation Requirement
• Curfew requirement/Electronic Monitoring requirement
• Supervision Requirement
• Attendance Centre requirement
• Residence Requirement (stay at a particular address).
• Exclusion Requirement (not allowed to go to a ceratin area).
• Programme Requirement (e.g speed awareness course).
• Prohibited Requirement Activity (e.g restraining order).

Question 14

What is the requirement for a custodial sentence to be passed?

Answer 14

If the offence ‘was so serious that neither a fine alone nor a community sentence can be justified for the offence’.

Question 15

What are the lengths of a mandatory life sentence that a judge can set?

Answer 15

The judge can set:

• Whole life
• 30 years
• 25 years
• 15 years
• 12 years (under 18s)

Question 16

What is the difference between a mandatory life and discretionary life custodial sentence?

Answer 16

• Mandatory- life sentence is the minimum

- Discretionary- life sentence is the maximum (s.21 Criminal Justice Act 2003)

Question 17

What is a fixed-term custodial sentence?

Answer 17

The offender will be released automatically after half of their set custodial sentence. They may serve the rest of their sentence in the community.

Question 18

Briefly describe the Extended Determinate Custodial Sentence.

Answer 18

During an extender determinate Custodial Sentence, the offender will be watched for a period of time after they finish their custodial sentence.

Question 19

What is a suspended sentence?

Answer 19

This is when the offender will be given another chance, if they commit a crime within a certain period of time, they will immediately go to prison (it is similar to conditional discharge).

Question 20

Give examples of aggravating factors.

Answer 20

Examples include;

• Use of weapon
• Pre-meditated (planned) attack
• Prejudice motive behind the offence - racial/homophobic
• Vulnerable victim - i.e. children/disabled/elderly
• Committed whilst on bail
• Gang crimes

Question 21

Give examples of Mitigating Factors.

Answer 21

Mitigating factors include:

• Co-operating with the police
• Good character
• Show remorse
• Lack of Pre-Meditation
• Mental Illness
• Young age

Question 22

What is the organisation that manages the sentencing of England and Wales? What piece of legislation set up this organisation?

Answer 22

The Sentencing Council was set up by the Coroners and Justice Act 2009, it draws conclusions and promotes sentencing to the wider population.

Question 23

List the 5 aims of sentencing.

Answer 23

Protection
Reduction in crime (Deterrence)
Reform and rehabilitation
Reparation 
Punishment

Question 24

Where are the aims of sentencing detailed?

Answer 24

s.57 Sentencing Act 2020.

Question 25

List the types of custodial sentence.

Answer 25

• Mandatory life
• Discretionary life
• Fixed term custodial sentence
• Extended determinate custodial sentence
• Suspended sentence