sentencing and lay people Flashcards
S-To punish
offender must face consequences so judge passes sentence fit for crime
Tarif sentencing
Eye for an eye
S-reduction of crime
deter offenders from committing same or similar crimes when they see harsh punishments.
S-reform and rehabilitation
help offenders stop reoffending by altering behaviour
Forward looking crimes
S-protection
public should be protected from offenders
S-reparation
Gives something back to the victim.
Compensation or make restitution. Make repartition to society.
S-Custodial
Deprives persons liberty
S-Mandatory whole life
Pre meditated killing of 2 or more people
S-Mandatory 30 year
Murder involving police or firearms
S-Mandatory 15 years
For murders not in 2 categories
S-Mandatory 12 years
Under 18
S-Discretionary
Judge can give life but does not have to
S-Extended determinate
Sentence does not exceed 5 years for violence and 8 for sexual offence
S-Fixed term
Imprisonment for set number of months or years
S-Suspended
Sentence delayed up to 2 years
S-Indeterminate
Sentence without release date
S-Extended
Offender is dangerous so public have to be protected
S-Home detention
Early release if suitable address
S-Community orders(Non custodial)
Sentence under supervision
S-Monetary(Non custodial)
Sentences involving money
S-Absolute discharge(Non custodial)
No penalty
S-Conditional discharge(Non Custodial)
No penalty unless another crime committed within 3 years
S-Factors taken into account when sentencing
Court sentencing powers
Offenders background
Early guilty plea
S-Aggravating factors
Factors that might increase sentence
S-Mitigating factors
Factors that might decrease sentence
Magistrates qualification
Age 18-74
Committed to 26 days
Live in local area
Magistrates role
Deal with criminal cases
Preliminary matters
Youth courts
Magistrates selection
1200 new every year
Appointed by senior judge
Recommended by LAC
Magistrates interview
1st candidates character
2nd assess judicial aptitude
Maximum sentence that must be given for murder
Life
Juries qualifications
Aged 18-75
Residency in uk 5 years
Registered parliamentary elector
Juries selection
Jurors selected from an electoral register
Failure to return jury summons 1000 fine
Juries exccusals
Full time career
Illness or disability
Juries disqualification
Life imprisonment
Serving extended sentence
Juries deferals
Having a baby
Holidays
Juries advantages
No bias as random selection
Impartiality
No influence on juries decison
Juries disadvantages
No reasons are given
Unpopular many people don’t want to do it
Trials take longer
Jury members lack legal qualifications
Selection by electoral register so unrepresentative
Magistrates gum scam
Good character
Good understanding
Maturity
Social awareness
Sound judgment
What happened in r-v-Bingham- magistrate
Impartiality
A magistrate admitted to only going by police evidence
Juries to array
The whole jury challenged
Juries for cause
One individual juror challenged
Juries stand by
Jurors put to back off the queue
Juries to array case
Romford jury
Juries principle of law
Bushel case
Juries vetting case
Abc 1977 trial
Juries equity
The Colston four
S-Aims of sentencing what section sets it out?
S142 Criminal Justice Act 2003
S- Who set out community orders?
s177 criminal justice act 2003
S- Non custodial Rehabilitation
Restorative Justice activities. Offender must comply with officer and attend appointments and meetings.
S- Non custodial Unpaid work requirement
40-300 hours of unpaid work.
S- Non custodial Curfew
2-16 hours in 24 hour period
S- Non custodial Residence
Assigned to a specific residency
S- Non custodial Fines Magistrates
Up to 5,000
S- Non custodial Fines Magistrates what section
Legal aid, sentencing and punishment
S- Non custodial Fines Crown court
Unlimited
S-Other discharges
Driving ban
compensation orders
S- Max sentences for Magistrates
6 Months
Try and sentence assault and batteries
S- Max sentence for Crown
Life
Serious ABH’S
Examples of Aggravating factors
Previous convictions
Racially motivated
Violence used
Examples of Mitigating factors
First time offence
Genuine remorse
D only played a small part
Other factors to mention in a sentencing aims question
Purpouse of sentencing
Courts will use sentencing aims for guidance
