Sentencing And Court Powers Flashcards
What does sentencing mean?
Any punishment given to an offender who has been convicted of a criminal offence.
What are the aims of sentencing?
Punishment of offenders
Reduction of crime
Rehabilitation and reform of offenders
Protection of the public
Reparation by offenders to persons affected by their offences
What are the factors of sentencing?
Type of crime committed
Seriousness of the crime
Circumstances of the crime
If convicted person has a criminal record
If convicted person pleaded guilty or non-guilty
Other aggravating or mitigating factors
Examples of mitigating factors
Addiction
Pleading guilty early
Examples of aggravating factors
Previous convictions
Vulnerability of victim
What are the types of sentence?
Imprisonment
Community sentences
Fines
Discharges
Imprisonment
Offender’s behaviour is so serious, no other sentence will suffice.
Half of sentence in prison, half of sentence on license in the community
Community sentences
Offenders made to carry out between 40 and 300 hrs of work in the community or to undergo treatment for issues such as drug addiction
Fines
These are for less serious offences and, by far, the most common type of sentence. The amount depends on the severity of the crime.
Discharges
Where court feels that simply being brought to court is enough punishment. Can be a conditional discharge or a full discharge.
Who are lay people?
Either magistrates or juries, ‘lay’ means legally unqualified
Who are the two main types of lay people?
Magistrates - Part time unsalaried judges
Juries - Local people drawn from the electorate, who decide the guilt of offenders in the Crown Court
Qualification of magistrates
Over 18, under 65
Expected to serve at least 5 yrs
No formal qualifications or legal training needed beforehand
Must be able to hear clearly ,and be able to sit and concentrate for a long period of time
Must sit for at least 13 days/26 half days each year
Unlikely to be appointed if any serious criminal convictions, or lots of minor offences
What are the 6 key qualities of a magistrate?
Be of good character
Reliable and committed to serve the community
Aware of social issues
Able to think logically
Understand documents, follow evidence and communicate effectively
Mature and have a sense of fairness
Selection of the magistrates
Recruited and selected by a network of 14 local advisory committees made up of serving magistrates and local non-magistrates
Character references sought before appointment
Rigorous training if selected
2 interviews held before a recommendation to appoint an individual is made to the Senior Presiding Judge
