Sentencing- ELS (1) Flashcards
topic 1
What is an aggravating factor
factors of the case that are likely to increase the sentence. They make the offence committed worse
What are mitigating factors
Factors of the case that are likely to decrease the sentence. They make the crime less bad
Examples of aggravating factors…
-use of weapon
-vulnerability of the victim
-no remorse
-previous convictions
- racially motivated crimes
-gang attacks
Examples of mitigating factors…
-age of D
-no previous convictions
-entering an early guilty plea
-showing remorse
-mental illness of the D
-minor role in crime
-co-operating with police
Name the 5 aims of sentencing
-protection of the public
-punishment
-reparation
-rehabilitation/reformation
-deterrence(general and individual)
What does retribution mean
concept in justice that focuses on punishment for wrong doing
What does reparation mean
making amends for harm caused
what is deterrence
concept in criminal justice that aims to prevent people from committing crimes by making them fear consequences
what is rehabilitation
aim to reform the offender and rehabilitate them into society
explain protection of the public(aim)
-offender is made incapable of committing further crime
-society is protected from crime
examples include long prison sentence, tagging or a banning order
Whats a custodial sentence
a sentence of imprisonment for a period of time set by the court
What is a non custodial sentence
an alternative to a prison sentence. This could involve a fine or a requirement to do a community service.
What is the protection of the public case study
R.V Wrinkler
which act sets out the aims of sentencing
criminal justice act 2003
Name the 4 custodial sentences
-mandatory life sentence
-discretionary life sentence
-fixed term sentence
-extended sentences
Name the 8 non-custodial sentences
-fines
-discharges
-community orders
-unpaid work
-curfew requirement
-drug rehabilitation
-attendance centre
-prohibited activity
Whats an absolute discharge
offender is found guilty but doesn’t have any punishment
what is a conditional discharge
offender avoids jail time but must follow certain rules for a set period.
whats a fine
Sum of money that must be payed back as a penalty
most common sentence given in the Magistrates court.
Found in section 118-132 of the sentencing act 2020
what is unpaid work
the offender must work between 40-300 hours.
the hours are fixed by the court and served in 8 hour shifts.
what is a curfew requirement
The offender is ordered to remain at a fixed address for between 2 and 16 hours in any 24hr period.
enforced through electronic tagging
what is drug rehabilitation
this provides the offender with fast access to a drug treatment program and aims to reduce drug-related offending behaviour.
The offender is given a treatment plan lasting between 6 months and 3 years.
what is an attendance centre
the offender spends between 12-36 hours at one of these centres over a set period(max 3 hours per day)
its an opportunity to address the offending behaviour in a structured group setting
what is prohibited activity
this prevents the offender from taking part in a number of activities. aims to prevent the offender from committing another similar crime
what is a mandatory life sentence
