Sentencing- Paper 1 Flashcards
4 types of custodial sentence
-Suspended sentence
-Fixed term sentence
-Discretionary life sentence
-Mandatory life sentence
4 types of sentence
-Custodial sentence
-Community orders
-Fines
-Dischargers
Main offence the mandatory life sentence is applied to
Murder
What’s a tariff
Judge can decide the minimum number of years D has to spend in prison before he can be considered for parole
What kind of murders will the maximum tariff apply to
-Murder of a child with sexual motives
-Murder with ideological reasons
Discretionary life sentence
The maximum sentence is life but he judge is not obligated to give the life sentence
Main offence the discretionary life sentence applies to
Manslaughter
Fixed term sentence
Normally the offender will serve half of a fixed term sentence, the remaining part is spent of licence where they’re supervised by a parole officer
Main offence the fixed term sentence will apply to
-Theft
-S.20 GBH/Wounding
Suspended sentence
D doesn’t go to prison immediately, they’re given a chance to stay out of trouble and comply with up to 12 requirements set by the court
What act enforced community orders
The sentencing act 2020
Community orders
Court give someone a variety of different conditions, depending on what makes sense in the particular case
4 key requirements that can be added to a community order
-Unpaid work
-Curfew requirement
-Requirement to attend a program
-Drug/ alcohol treatment
What type of offence leads to a fine
Summary offence
Fines
Magistrate courts do not have a limit on how much they can fine someone, they are paid to thee state and the court can take further action, such as prison if they’re not paid
Two types of discharge
-Conditional discharge
-Absolute discharge
Conditional discharge
Court releases the offender on the condition no further offence is committed for up to a 3 year period, if another offence is committed the court can sentence then for the original and new offence
What type of offenders are most likely to receive a conditional discharge
-Non violent offenders
-First time offenders
-Those where the court process would be punishment enough
Absolute discharge
No punishment is imposed, used when the court decides D has broken the law but they are morally blameless
What type of offences are most likely to receive an absolute discharge
-Speeding to get to the hospital
-D is terminally ill
3 aggrigating factors
-Make the crime more serious
-Make D more blameworthy
-Make the sentence more harsh
3 mitigating factors
-Make the crime less serious
-Make D less blameworthy
-Make sentence less harsh
5 aims of the sentencing act 2022
-Reducing crime
-Punishment
-Make reparations
-Reform and rehabilitate
-Protection of the public
