Session 16, sentencing Flashcards
What are the aims of sentencing?
- punishment of offenders
- by deterrence
- rehabilitation of offenders
- protection of public
- reparation
- reinforcing moral Boundaries
What are the 3 categories in the table which court use to determine offence?
Cat 1: greater harm & higher culpability
Cat 2: greater harm & lesser culpability or lower harm & higher culpability
Cat 3: lesser harm lower culpability
What are the available sentencing options for these categories?
Cat 1: 1yr 6m min, 1-3yrs max
Cat 2: 26 weeks custody min, 51 weeks max
Cat 3: medium level community order min, high level community order max
How much power do criminal courts have?
crown court
- unlimited power to pass sentences of any length up until max for crime
- fines unlimited
- compensation orders
- forfeit order
What are the sentences available for adults?
- custodial
- community
- fines
- discharges
What are custodial sentences?
- range from weeks imprisonment to life
- mandatory life sentencing, discretionary life sentencing, fixed-term sentencing & suspended sentence
What are community orders?
- unpaid work
- prohibited activity
- curfew
- mental health treatment
What are discharges?
- conditional or absolute
- conditional: condition that no further offence is committed in certain time period
- absolute: no penalty imposed
What are the factors in sentencing?
- aggravating
- mitigating
What are aggravating factors?
- how serious offence is
- if there’s aggravating factor court will have more severe punishment
- previous convictions of similar nature
- whether defendant was on bail
- racial or religion hostility involved
What are mitigating factors?
- allows court to give lighter sentence
- cooperation with police
- mental illness
- physical illness
- no prior conviction
