The criminal courts and lay people- sentencing Flashcards
What are the different aims of sentencing?
-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
How does the court decide on a sentence?
CJA 2003- the court must consider all the information at its disposal.
What happens if a court believes their sentencing powers are not sufficient?
-sentencing act 2000
-send them to the crown.
What do the pre-sentence (probation services) reports contain?
-Aggravating factors
-mitigating factors
-risk of harm
-risk of reoffending.
(+ basic info + attitudes)
What is the purpose of the probation services?
-Getting the D back into the community and less likely to reoffend.
What are aggravating factors?
-Previous convictions
-Use of a weapon
-Racially or discriminatory motivated
-Abuse of a position of trust.
What are mitigating factors?
-Pleading guilty at the first opportunity
-no previous convictions
-cooperating with the police
-provocation
-evidence of remorse
How much time can a mitigating factor take off your sentence?
1/3.
What is meant by a sentencing council?
-draw conclusions promote awareness of sentencing practices
What alternative types of sentence are there?
-Other (driving bans)
-discharge
-community/ community payback
-custodial/ suspended sentences
-ancillary orders (can be compensation could be bans)
-fines
What are some examples of reasons for community payback?
- drugs/ alcohol/ MH treatment requirement
- curfew/tags
- unpaid work
-attendance center.
What is meant by unpaid work?
-40-300 hours unsupervised work.
-weekends
-includes cleaning graffiti, litter ect.
What is meant by drugs/ alcohol treatment requirement?
-reduce dependency on alch or drugs
What is meant by curfew/ electronic tags
-fixed adress for 6mnths- can still work
-monitor whereabouts.
What is meant by an attendance centre requirement?
-constructive activities in group environment
-specified hours.
Why is community payback supposedly so good?
this is supposed to change their behaviour and the reasons that they offend.
What is the power of the mags in terms of sentencing?
-summary +either way
-limited to 6mnths imprisionment,
What is the power of the crown in terms of sentencing?
-indictable +either way
-unlimited sentencing.
When is a custodial sentence deemed necessary?
-a community service not justifyable
-protect public.
What are the 4 different types of sentence?
-mandatory life sentence
-discressionary life sentence (manslaughter, rape, robbery).
-fixed term sentences (max length)
-suspended sentence
What is entailed in a mandatory life sentence?
-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
