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Law > Sentencing and Court Powers (SA P1 CRIMINAL COURTS AND LAY PEOPLE) > Flashcards

Sentencing and Court Powers (SA P1 CRIMINAL COURTS AND LAY PEOPLE) Flashcards

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1
Q

What is the maximum sentence Magistrates Court can impose for a single offence?

A

6 months

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2
Q

What is a ‘tariff sentence’?

A

Sentence generally thought appropriate for the particular offence, may be lowered/raised to take into account mitigation or aggravating factors

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3
Q

When was the Sentencing Act?

A

2020

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4
Q

Punishment (aims of sentencing)

A
  • 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
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5
Q

Reduction of Crime, Deterrence (aims of sentencing)

A
  • 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
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6
Q

Reform and Rehabilitation (aims of sentencing)

A
  • 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
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7
Q

Protection of the Public (aims of sentencing)

A
  • By preventing offender from reoffending
  • Protects public from dangerous/violent offenders
  • Achieved by incapacitating offender e.g. imprisonment, curfew, driving ban
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8
Q

Reparation (aims of sentencing)

A
  • 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
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9
Q

How much can the offender’s sentence be reduced by if they plead guilty as early as possible?

A

1/3

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10
Q

How much can the offender’s sentence be reduced by if they plead guilty once trial has started?

A

1/10

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11
Q

Who write Pre-Sentence Reports?

A

Probation Service

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12
Q

What is an Aggravating Factor?

A

Makes offence more serious and increases sentence

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13
Q

What is a Mitigating Factor?

A

Makes offence less serious and decreases the sentence

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14
Q

e.g. Aggravating Factors

A
  • 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
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15
Q

e.g. Mitigating Factors

A
  • 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
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16
Q

Suspended Prison Sentence (Custodial Sentences)

A
  • 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
17
Q

Fixed term - determinate - sentences (Custodial Sentences)

A
  • 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
18
Q

Life Sentences (Custodial Sentences)

A
  • 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
19
Q

Prohibited Activity or Exclusion Requirements (Community Orders)

A

Prevented from participating in certain activities or entering particular place for specific period of time

20
Q

Unpaid Work (Community Orders)

A

Works in community for between 40-300 hours on project organised by probation service

21
Q

Rehabilitation Activity Requirement (Community Orders)

A
  • 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
22
Q

Drug/Alcohol/Mental Health Treatment (Community Orders)

A
  • Tackle causes of crime and prevent further offences
  • Requires offender’s consent
  • Between 6-36 months
23
Q

Curfews or Residence Requirement (Community Orders)

A
  • 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
24
Q

Financial Sentence

A
  • 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
25
Q

What % of all offenders received a fine in 2019?

A

78%

26
Q

Discharges

A
  • 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

Law (28 decks)

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