Sentencing And Court Powers Flashcards
How do judges and magistrates pass sentences?
In accordance with guidance by the Setende Council, using “Tariff sentences” that is generally thought appropriate for an offence an altered according to mitigating and aggrevating factors
What are the aims of sentencing?
Punishment
Reduction of crime (deterrence)
Reform and rehabilitation
Protection of the public
Reperation
(Set out in Sentencing Act 2020 s.57)
What is punishment
Retribution for wrongdoing, society’s revenge for the offence.
Should be proportional to crime, and have an element of denunciation, society’s outrage at Offenes
Most sentences fulfil this aim
What is deterrence?
Individual deterrence aims to put a particular offender off reoffending by a server sentence or threat of imprisonment
General deterrence puts socirty off commiting crimes by exemplary sentences or minimum sentences. Not concerned with fairness so exceed tariff
What is Reform and rehabilitation?
A forward looking sim to try and stop them reoffending
Focused on longer term, looking at potential of offender to reform e.g. drug rehab order
Particulary important for young offenders
What is protection of the public?
Prevents offender from reoffending
Protects public from dangerous/violent offenders
Achieved by incapacitating offender e.g. driving ban
What is reparations?
Aimed at compensating victim, usually by ordering offender to paying sum of money or making amends e.g. returning stolen goods
Can also include reparation for society as whole e.g. unpaid work
What else other than aims, are taken into account when sentencing?
Seriousness of crime
Offenders background
Motive
Early guilty plead (reduces by 1/3)
Sentencing guidelines/tariff
Set out in Sentencing Act 2020
What are aggravating factors?
Factors that make the offence more serious and increase sentence
E.g. similar previous convictions, offences committed on bail, racist/religious hostility, in emergency worker or vulnerable victim, gang member, abuse of trust, weapon, repeated attacks, UTI drugs/alcohol
What are mitigating factors?
Factors that make offence less serious and decrease sentence
E.g. pleading guilty at first opportunity (1/3), first Offence, D very young or old, D vulnerable, D expressed remorse, D has difficult circumstances, provoked by V
What are different types of sentences?
Custodial sentences
Community sentences
Fines
Discharges
Can also make orders like compensation orders, monitoring orders and disqualification from driving
What are custodial sentences?
Under Sentencing Act 2020 s.230, custodial sentenced reserved for serious offences only, neither a fine alone nor a community sentence can be justified.
Used to protect public
What is a suspended prison sentence?
When given sentence up to 2 years, sentence can be suspended for up to 2 years do do not go to prison immediately but given chance to stay out of Tory or and comply with requirements of community sentence.
If they do not comply or is convicted, original defence activated
What is a fixed term sentence?
Imprisonment for a set no. months/years, depending on max sentence, seriousness and previous record
Usually automatically released on license after 1/2 sentence and then subject to period of supervision, if breach condition of release, recalled
Some violent, sexual or terrorism related offences serve 2/3 and subjected to extended period of licence (8 years) this is extended sentence
Some minimum sentences for serious or repeat offences imposed unless exceptional circumstances e.g. 3 years for 3rd domestic burglary
What is a life sentence?
When someone is subject to sentence for rest of life.
When judge orders it, must specify minimum term spent in prison before eligible for laurel (called a tariff). After, they can apply to parole board for release on license, only accepted if no longer considered a risk.
One exception is “whole life order”, must spend rest of life in prison.
A mandatory life sentence must be imposed for murder, minimum term in s.21 sentencing act 2020, 2nd serious or sexual offences can have mandatory life sentence
Judge has discretion for lesser sentence if appropriate e.g. manslaugjrt, murder
