Sentencing (P1)

Question 1

What is a custodial sentence?

Answer 1

It is the most serious punishment the court can impose

Question 2

What is a discharge?

Answer 2

These may be either a conditional discharge or an absolute discharge. Conditional means the offender is released on the condition they don’t reoffend within 3 years

Question 3

What is a fine?

Answer 3

This is the most common way of disposing of a case in the magistrates court. Usually the offender is offered to pay the fine at a set rate a week.

Question 4

What is community service?

Answer 4

This requires the offender to work for between 40 to 300 hours on a suitable project organised by the probation service. The exact number of hours will be fixed by the court.

Question 5

What are aggravating factors?

Answer 5

Aggravating factors make an offence for serious. E.g. previous convictions for offences of a similar nature, D was on bail when he offended or racial/religious hostility.

Question 6

What are mitigating factors?

Answer 6

Factors taken into account in mitigation, include mental illness of the D, physical illness of the D, if the D has no previous convictions, evidence or remorse.

Question 7

What does the CJA 2003 list the main aims of sentencing as?

Answer 7

-Punishment: imposed only on the ground that an offence has been committed
-Reduction of crime: sending them to prison, or punishing them to prevent other people committing their crime
-Reform and rehabilitation: Reform offenders behaviour
-Reparation: Repayment/reparation to victim or community