Sentencing- Adults Flashcards
Retribution is taken against the offender in attempt to seek revenge for what they have done
Punishment
Which Act sets out the aims of sentencing?
Section 142 of the Criminal Justice Act 2003
Seeks to change the offender’s behaviour and break the cycle of offending
Rehabilitation
The offender is required to make some kind of compensation available to the victim. The compensation may take many forms and the victim might be society in general
Reparation
This aim has two types and is intended to send a message to the offender or society as a whole by making an example of a particular offender
Deterrence
This aim is used where the public are at risk from the offenders behaviour- possibly fur to violent or sexual offending
Incapacitation
What are the two types of deterrence?
- General
- Individual
General- aimed to put society off committing crimes big exemplary sentences or minimum sentences.
Injustice = more concerned with harshness. Eg theft of mobiles on the street
Individual- aimed at a particular offender to out them off reoffending by giving a very severe sentence (custodial) or a fine or by threat of imprisonment- suspended sentence or conditional discharge
Aim associated with “an eye for an eye,a tooth fit a tooth” and is based on the idea of proportionality?
Punishment
Aim associated with the idea of “exemplary sentences though are more concerned with harshness then fairness”
Deterrence
Aim associated with the idea that “whilst you’re locked up you’re not offending”
Incapacitation
Aggregating factors
Victim was vulnerable- offence was perpetrated against very young or old
Effect of crime on victim- in rape cases where v suffers particular psychological harm as well as ordinary shock and distress
Use of drink/drugs- a careless drink driver who kills will be punished more harshly than a sober careless driver who kills
Offence committed while D on bail- likely to reoffend
A carefully planned or pre-meditated crime- as opposed to a spur of the moment offence
The relevance of previous convictions/ whether the offence was similar to previous offences
Mitigating factors
Provocation - as stake result of racist abuse/pub brawl
Youth or old age- youth led astray by older accomplice or older D who find custody more difficult
Intoxication- an impulse act influenced by drink by comparison to pre-meditated act
Previous good character- where d has no previous convictions
Attitude and behaviour after offence- did D show remorse? Did d assist police/ compensate victim?
Pleading guilty- an admission of guilt might indicate some remorse, which will be considered.
What is the effect of an early guilty plea?
Reduction in sentence
What does the SGC do?
Issue guidelines on any aspect of sentencing
What is the “tariff” in sentencing?
Minimum custodial sentence the defendant has to serve
