Sentencing A01 Flashcards
What are the aims of sentencing?
The aims of sentencing include:
-punishment, P
-reduction in crime (deterrence), RIN
-reform and rehabilitation, R&R
-protection of the public, POP
-and reparation. R
What is the retributive aim of sentencing?
The retributive aim is to punish the offender for wrongdoing, reflecting society’s expectation for punishment without seeking to reform the offender.
What is deterrence in the context of sentencing?
Deterrence aims to reduce crime by dissuading individuals from offending or reoffending, through specific and general deterrents.
What is specific deterrent?
Specific deterrent applies to an individual, aiming to deter that particular person from re-offending.
What is general deterrent?
General deterrent is aimed at the public, discouraging others from committing crimes by showcasing harsh sentences.
What does reform and rehabilitation entail?
Reform and rehabilitation involve helping offenders address issues behind their criminal behavior, including addiction and social skills.
What is the purpose of protecting the public in sentencing?
Protection of the public justifies punishment and imprisonment, ensuring dangerous criminals are restricted from harming society.
What is reparation in the context of sentencing?
Reparation involves offenders making amends for their crime, often through victim awareness work or community service.
What is a pre-sentence report?
A pre-sentence report is prepared by the Probation Service, containing the offender’s background, attitude, and risk assessment.
What are aggravating factors in sentencing?
Aggravating factors make an offence more serious, potentially leading to a more severe sentence.
What are mitigating factors in sentencing?
Mitigating factors can lead to a more lenient sentence, considering the offender’s character and circumstances.
What is the role of the Sentencing Council?
The Sentencing Council prepares guidelines, monitors sentencing practices, and promotes awareness of sentencing.
What are the types of sentences?
Types of sentences include discharge, fine, community sentence, and custodial sentence.
What is a discharge in sentencing?
A discharge means the offender is convicted but punishment is deemed unnecessary; it can be conditional or absolute.
What is a fine in sentencing?
A fine is a financial penalty imposed on the offender, often the most common sentence type.
What is a community sentence?
A community sentence is imposed for serious offences and can be tailored to the individual’s needs.
What is a custodial sentence?
A custodial sentence involves imprisonment, only passed for serious offences.
What is a mandatory life sentence?
A mandatory life sentence is automatically given for murder, with the judge setting the minimum time to be served.
What is a discretionary life sentence?
A discretionary life sentence allows the judge to impose a sentence up to life imprisonment for serious crimes like manslaughter.
What is a fixed-term sentence?
A fixed-term sentence is a set number of months or years, with automatic release after serving half.
What is an extended determinate sentence?
An extended determinate sentence provides extra protection to the public for dangerous offenders.
What are suspended sentences?
Suspended sentences vary in length and allow the offender to avoid prison if they meet certain conditions.
What are the sentencing powers of the Magistrates’ Court?
Magistrates’ Court can impose a maximum of 6 months imprisonment, unlimited fines, community sentences, and discharges.
What are the sentencing powers of the Crown Court?
Crown Court can impose a maximum life imprisonment, unlimited fines, community sentences, and discharges.
