Sentencing powers of a judge

Question 1

What are the different aims of sentencing?

Answer 1

-Reform and rehabilitation

-punishment/ retribution

-protection of the public

-reduction of crime (deterrence)

-the making of reparations by offenders to persons effected by their offences

Question 2

How does the court decide on a sentence?

Answer 2

CJA 2003- the court must consider all the information at its disposal.

Question 3

What do the pre-sentence (probation services) reports contain?

Answer 3

Aggravating factors

-mitigating factors

-risk of harm

-risk of reoffending.

Question 4

What is the purpose of the probation services?

Answer 4

-Getting the D back into the community and less likely to reoffend.

Question 5

What are aggravating factors?

Answer 5

-Previous convictions

-Use of a weapon

-Racially or discriminatory motivated

-Abuse of a position of trust.

Question 6

What are mitigating factors?

Answer 6

-Pleading guilty at the first opportunity

-no previous convictions

-cooperating with the police

-provocation

-evidence of remorse

Question 7

How much time can a mitigating factor take off your sentence?

Answer 7

1/3.

Question 8

What alternative types of sentence are there?

Answer 8

-Other (driving bans)

-discharge

-community/ community payback

-custodial/ suspended sentences

-ancillary orders (can be compensation could be bans)

-financial

Question 9

What are some examples of reasons for community payback?

Answer 9

-drugs/ alcohol

-anger management

-community service

-curfews

-cleaning up graffiti/ overgrown areas/ litter

Question 10

Why is community payback supposedly so good?

Answer 10

this is supposed to change their behaviour and the reasons that they offend.