Sentencing and Court Powers Flashcards
What is the maximum sentence Magistrates Court can impose for a single offence?
6 months
What is a ‘tariff sentence’?
Sentence generally thought appropriate for the particular offence, may be lowered/raised to take into account mitigation or aggravating factors
When was the Sentencing Act?
2020
Punishment (aims of sentencing)
- Retribution for wrongdoing, societies revenge for offence, punishment should fit crime (eye for and eye)
- Based on proportionality or ‘just desserts’, contains element of denunciation (societies outrage at offence)
- Most sentences fulfill this aim e.g. life sentence for murder
Reduction of Crime, Deterrence (aims of sentencing)
- Individual deterrence: put offender off reoffending with severe sentence or threat of imprisonment
- General deterrence: puts society of committing crimes by exemplary sentences or minimum sentences, often harsher than usual tariff for offence
Reform and Rehabilitation (aims of sentencing)
- Forward looking aim: try to reform offended to stop them reoffending
- Focused on long term, potential of offender to reform e.g. drug rehabilitation order
- Particularly important in young offenders
Protection of the Public (aims of sentencing)
- By preventing offender from reoffending
- Protects public from dangerous/violent offenders
- Achieved by incapacitating offender e.g. imprisonment, curfew, driving ban
Reparation (aims of sentencing)
- Compensating victim, usually by ordering offender to pay sum of money to victim/ making amends e.g. returning stolen property
- Can also include reparation to society as a whole e.g. unpaid work requirement on a community project
How much can the offender’s sentence be reduced by if they plead guilty as early as possible?
1/3
How much can the offender’s sentence be reduced by if they plead guilty once trial has started?
1/10
Who write Pre-Sentence Reports?
Probation Service
What is an Aggravating Factor?
Makes offence more serious and increases sentence
What is a Mitigating Factor?
Makes offence less serious and decreases the sentence
e.g. Aggravating Factors
- Use of weapon
- Repeated attacks
- Offence against emergency worker/vulnerable victim
- Offence committed while under influence of drugs
- Offence involves racism/religious hostility for on grounds of disability/sexuality
- Offence committed on bail
- Offender was part of a gang
- Offence involved abuse of trust (e.g. sexual abuse by Doctor, theft by Bank Cashier)
- Previous convictions for similar offences
e.g. Mitigating Factors
- Pleading guilty at first opportunity
- First offence
- D is very young/old
- D is vulnerable offender/easily influenced
- D expressed remorse/ made effort to compensate victim
- D has difficult circumstances
- Provocation by victim
- D offers assistance to prosecution in relation to another offence
Suspended Prison Sentence (Custodial Sentences)
- Custodial sentence up to 2 years, judge/Magistrates may choose to suspend sentence for period up to 2 years: offender given chance to stay out of trouble and comply with requirements of community sentence
- If offender does not comply or is convicted of another crime within the time of suspended sentence, custodial term is ‘activated’ and offender will serve sentence for both offences
Fixed term - determinate - sentences (Custodial Sentences)
- Imprisonment for set no. months/years
- Anyone sent to prison usually automatically released on licence after having served half sentence, then subject to period of supervision
- If offended breaches conditions of release, may be recalled to prison
- Extended Sentence: serious offences, may not be considered for release until served 2/3 of sentence m, subject to period of licence (up to 8 years)
- Minimum sentences for repeat/serious offences that must be imposed unless there are exceptional circumstances
Life Sentences (Custodial Sentences)
- Judge must specify minimum term offender must spend on prison before becoming eligible for parole (called tariff)
- At end of term, may apply to Parole Board for release on licence if they’re not a risk to public
- Whole life order: must spend rest of life in prison
- Mandatory life sentence must be imposed for murder, or secondary very serious sexual offence
- For other serious offences where max is life, judge has discretion to impose lesser sentence if more appropriate
Prohibited Activity or Exclusion Requirements (Community Orders)
Prevented from participating in certain activities or entering particular place for specific period of time
Unpaid Work (Community Orders)
Works in community for between 40-300 hours on project organised by probation service
Rehabilitation Activity Requirement (Community Orders)
- Placed under supervision of probation officer for up to 3 years - And/or required to take part in a programme to help promote personal/behavioural change
Drug/Alcohol/Mental Health Treatment (Community Orders)
- Tackle causes of crime and prevent further offences
- Requires offender’s consent
- Between 6-36 months
Curfews or Residence Requirement (Community Orders)
- Ordered to remain at fixed address for between 2-16 hours in any 24 hour period
- Can last up to 12 months
- Enforced by electronic tagging
- Could be prohibited from travelling overseas for a set time
Financial Sentence
- Most common sentence
- For lower level crimes
- Amount is set by court after considering seriousness of offence and how much offender can pay
- Can be given to organisations/companies as well as individuals
- 2019: 78% all offenders received fines
- Paid to the state
What % of all offenders received a fine in 2019?
78%
Discharges
- Absolute discharge: no penalty imposed, experience of going to court has been punishment enough (used in cases where offender technically committed offence but is morally blameless)
- Conditional discharge: court discharged offender on condition that no offence is committed in set period up to 3 years, if offender commits another crime they can be sentenced for both offences
- Can be combined with order for disqualification, payment of compensation or court costs
