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Law (Paper 1) > Sentencing (A01) > Flashcards

Sentencing (A01) Flashcards

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1
Q

what are the 5 sentencing types

A
  • Punishment
  • prevention of crime
  • rehabilitation
  • protection of the public
  • reparation
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2
Q

What does OARS stand for

A

O ffence details
A ggrivating/mitigating factors
R eports on the offender
S entencing guidelines

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3
Q

What are the 2 types of punishment?

A

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

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4
Q

What are the 2 types of prevention of crime?

A

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”

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5
Q

What is rehabilitation

A

Aims to look forward through education so don’t recommit crime. Individual needs of offender rather than tariff sentencing (young offenders)

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6
Q

What is protection of the public

A

Called incapacitation, means offender is physically incapable of recommitting crime. Restricting freedom

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7
Q

What is reparation

A

restorative justice, aims to give back to victim of a crime by paying compensation or returning stolen goods

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8
Q

What does a guilty plea give

A

Guilty plea at “first reasonable oppurtunity” can reduce a sentence by up to 1/3

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9
Q

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?

A

S.143 (1) Criminal Justice Act 2003

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10
Q

What are reports on the offender

A

previous convictions looked at. No previous convictions means leniently treated. Pre sentence report can be prepared by probation service + medical or financial reports

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11
Q

What are issued by the Sentencnt Council?

A

Sentencing guidelines, give a starting point for an offence - eg community or custodial and sentencing range

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12
Q

What does a late guilty plea give?

A

A guilty plea after trial has begun is only given a 1/10th reduction

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13
Q

What are the 4 sentencing types?

A
  • Custodial
  • Community
  • Fines
  • Discharges
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14
Q

What are the sentencing powers of the court governed by?

A

Criminal justice act 2003

Crime and Disorder act 1988

Legal aid, sentencing, and punishment of offenders act 2012 (LASPO)

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15
Q

Mandatory life sentence

A

Judge states minimum number of years served before released on liscence - has to give life sentence

EG. MURDER

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16
Q

Discretionary life sentence

A

Available for serious offences - judge has a choice in life sentence.

EG. RAPE OR MANSLAUGHTER

17
Q

Fixed term sentencing

A

Term of imprisonment set for amount of time. Takes sentencing factors into account. Defendants automatically released after half of the sentence is served

EG. ASSAULT 6m and 3other months checked on by probation officer

18
Q

Suspended sentence

A

Term of imprisonment set between 14 days and 2years. If no further offences during this time the sentence is removed. If they do it’s both

19
Q

Home detention curfew

A

Applies to prisoners arriving sentences between 3m and 4y

Can live outside prison providing they don’t breach curfew rules. (House arrest)

20
Q

Extended sentences

A

Custodial sentences plus a period of liscense (eg sex offender)

21
Q

Minimum sentences

A

The law sets a monimum sentences for a certain crime

EG. 7 years for a class A drug

22
Q

What sets out community order requirements

A

S.177 Criminal Justice Act 2003

23
Q

What are the adult sentencing types? (7)

A

Mandatory life

•Discretionary life
Fixed term
Suspended
Home detention curfew 
Extended
Minimum
24
Q

What are the different types of community orders

A

S.177 CJA 03

  • Unpaid work
  • Supervision requirement
  • Drug / alcohol treatment
  • Curfew
  • Exclusion
  • Programmes
25
Q

Describe fines

A

Less serious offences
Often combined with another sentence
Based on serverity of crime + financial status
Unlimited depending on fs

26
Q

Describe discharges

A

Conditional - no action taken unless another offence in 3yrs

Absolute - where punishment isn’t appropriate
Technically guilty but morally blameless

27
Q

What are the different types of community orders

A

S.177 CJA 03

  • Unpaid work
  • Supervision requirement
  • Drug / alcohol treatment
  • Curfew
  • Exclusion
  • Programmes
28
Q

Describe fines

A

Less serious offences
Often combined with another sentence
Based on serverity of crime + financial status
Unlimited depending on fs

29
Q

Describe discharges

A

Conditional - no action taken unless another offence in 3yrs

Absolute - where punishment isn’t appropriate
Technically guilty but morally blameless

Law (Paper 1) (13 decks)

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