Sentencing key words/ WEEK 10 Flashcards
Bail
Release of a defendant from custody until their next appearance in court
Discharge
This is a sentence where the offender is found guilty of the offence and the conviction appears on their criminal record. It may be absolute or conditional
Retribution
This can be seen as the desire for revenge
Custodial sentence
This is a sentence of imprisonment, which might be immediate or suspended (able to be implemented later if necessary).
Standard of proof
The level to which the evidence must be proved to gain a conviction
Summary offence
A criminal offence that can only be tried by a Magistrates’ Court.
Rehabilitation
This is the notion that the offender will be ‘cured’ of their criminal tendency and that there will be a restoration of, or improvement in, their ability to perform and function in society.
Burden of proof
“onus probandi”- The obligation to prove the defendant committed the crime. It is often associated with the Latin maxim: “SEMPER NECESSITAS PROBANDI INCUMBIT EI QUI AGIT” meaning “ The necessity of proof always lies with the person who lays charges”
Search warrant
An order of the court that permits the police to search premises to look for evidence in connection with a crime.
Deterrence
This can be seen as putting people off committing crimes; it can be individual or general.
Prevention
This works to protect the public by removing the criminal from society.
Arrest warrant
This works to protect the public by removing the criminal from society.
Either-way offence
An offence for which the accused may be tried by the Magistrates’ Court or in the Crown Court, where the defendant will be tried by jury.
Indictable offence
A criminal offence that can only be tried by the Crown Court.
Community sentence
These are alternatives to prison and are non-custodial options available to a court.
