Sentencing (A01) Flashcards
what are the 5 sentencing types
- Punishment
- prevention of crime
- rehabilitation
- protection of the public
- reparation
What does OARS stand for
O ffence details
A ggrivating/mitigating factors
R eports on the offender
S entencing guidelines
What are the 2 types of punishment?
Reparation - way of seeking revenge, just desserts
Denunciation - society can express disapproval of crime, denounces crime. Harsher sentence to discourage certain crime. Eg stabbing as it’s prevalent atm
What are the 2 types of prevention of crime?
Individual deterrence - aims to deter offender from offending again, “short sharp shock”
General deterrence - reduces crime by putting society off a certain crime, worse that deserved eg lord woolf “6m for phone theft”
What is rehabilitation
Aims to look forward through education so don’t recommit crime. Individual needs of offender rather than tariff sentencing (young offenders)
What is protection of the public
Called incapacitation, means offender is physically incapable of recommitting crime. Restricting freedom
What is reparation
restorative justice, aims to give back to victim of a crime by paying compensation or returning stolen goods
What does a guilty plea give
Guilty plea at “first reasonable oppurtunity” can reduce a sentence by up to 1/3
What act states that in considering the seriousness of an offence u gotta look at how blameworthy the defendant is and weather they intended of foresaw the result?
S.143 (1) Criminal Justice Act 2003
What are reports on the offender
previous convictions looked at. No previous convictions means leniently treated. Pre sentence report can be prepared by probation service + medical or financial reports
What are issued by the Sentencnt Council?
Sentencing guidelines, give a starting point for an offence - eg community or custodial and sentencing range
What does a late guilty plea give?
A guilty plea after trial has begun is only given a 1/10th reduction
What are the 4 sentencing types?
- Custodial
- Community
- Fines
- Discharges
What are the sentencing powers of the court governed by?
Criminal justice act 2003
Crime and Disorder act 1988
Legal aid, sentencing, and punishment of offenders act 2012 (LASPO)
Mandatory life sentence
Judge states minimum number of years served before released on liscence - has to give life sentence
EG. MURDER