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
Discretionary life sentence
Available for serious offences - judge has a choice in life sentence.
EG. RAPE OR MANSLAUGHTER
Fixed term sentencing
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
Suspended sentence
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
Home detention curfew
Applies to prisoners arriving sentences between 3m and 4y
Can live outside prison providing they don’t breach curfew rules. (House arrest)
Extended sentences
Custodial sentences plus a period of liscense (eg sex offender)
Minimum sentences
The law sets a monimum sentences for a certain crime
EG. 7 years for a class A drug
What sets out community order requirements
S.177 Criminal Justice Act 2003
What are the adult sentencing types? (7)
Mandatory life
•Discretionary life Fixed term Suspended Home detention curfew Extended Minimum
What are the different types of community orders
S.177 CJA 03
- Unpaid work
- Supervision requirement
- Drug / alcohol treatment
- Curfew
- Exclusion
- Programmes
Describe fines
Less serious offences
Often combined with another sentence
Based on serverity of crime + financial status
Unlimited depending on fs
Describe discharges
Conditional - no action taken unless another offence in 3yrs
Absolute - where punishment isn’t appropriate
Technically guilty but morally blameless
What are the different types of community orders
S.177 CJA 03
- Unpaid work
- Supervision requirement
- Drug / alcohol treatment
- Curfew
- Exclusion
- Programmes
Describe fines
Less serious offences
Often combined with another sentence
Based on serverity of crime + financial status
Unlimited depending on fs
Describe discharges
Conditional - no action taken unless another offence in 3yrs
Absolute - where punishment isn’t appropriate
Technically guilty but morally blameless
