The criminal courts and lay people- sentencing

Question 1

What are the different aims of sentencing?

Answer 1

-Reform and rehabilitation- solve issues behind.

-punishment/ retribution- society expects +done wrong.

-protection of the public

-deterrence (general for public and specific for offender).

-the making of reparations by offenders to persons effected by their offences (responsibility).

as outlined by CJA 2003

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 happens if a court believes their sentencing powers are not sufficient?

Answer 3

-sentencing act 2000
-send them to the crown.

Question 4

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

Answer 4

-Aggravating factors

-mitigating factors

-risk of harm

-risk of reoffending.

(+ basic info + attitudes)

Question 5

What is the purpose of the probation services?

Answer 5

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

Question 6

What are aggravating factors?

Answer 6

-Previous convictions

-Use of a weapon

-Racially or discriminatory motivated

-Abuse of a position of trust.

Question 7

What are mitigating factors?

Answer 7

-Pleading guilty at the first opportunity

-no previous convictions

-cooperating with the police

-provocation

-evidence of remorse

Question 8

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

Answer 8

1/3.

Question 9

What is meant by a sentencing council?

Answer 9

-draw conclusions promote awareness of sentencing practices

Question 10

What alternative types of sentence are there?

Answer 10

-Other (driving bans)
-discharge
-community/ community payback
-custodial/ suspended sentences
-ancillary orders (can be compensation could be bans)
-fines

Question 11

What are some examples of reasons for community payback?

Answer 11

• drugs/ alcohol/ MH treatment requirement
• curfew/tags
• unpaid work
  -attendance center.

Question 12

What is meant by unpaid work?

Answer 12

-40-300 hours unsupervised work.
-weekends
-includes cleaning graffiti, litter ect.

Question 13

What is meant by drugs/ alcohol treatment requirement?

Answer 13

-reduce dependency on alch or drugs

Question 14

What is meant by curfew/ electronic tags

Answer 14

-fixed adress for 6mnths- can still work
-monitor whereabouts.

Question 15

What is meant by an attendance centre requirement?

Answer 15

-constructive activities in group environment
-specified hours.

Question 16

Why is community payback supposedly so good?

Answer 16

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

Question 17

What is the power of the mags in terms of sentencing?

Answer 17

-summary +either way
-limited to 6mnths imprisionment,

Question 18

What is the power of the crown in terms of sentencing?

Answer 18

-indictable +either way
-unlimited sentencing.

Question 19

When is a custodial sentence deemed necessary?

Answer 19

-a community service not justifyable
-protect public.

Question 20

What are the 4 different types of sentence?

Answer 20

-mandatory life sentence
-discressionary life sentence (manslaughter, rape, robbery).
-fixed term sentences (max length)
-suspended sentence

Question 21

What is entailed in a mandatory life sentence?

Answer 21

-min term of imprisionment before eligible for parole
-whole life (repeat/multiple murder- sexual murder of 2x people, child/terrorist murder)
-30 years- (murder of officer, firearm, racially agrivigated, sexual murder of adult)
-15 years- any other murder