U1A: Sentencing Flashcards
What are the 5 types of Sentences?
- Custodial sentences (including mandatory sentences)
- Community orders
- Fines
- Points/ driving ban
- Discharge
What is the length of Custodial Sentences, what are they given for and what are its 3 subtypes?
-Range from a few weeks to whole life
-Only given for serious offences
-Include the following types of sentence:
- Mandatory life sentence
- Fixed term sentence
- Suspended sentences
What Act are Custodial Sentences mentioned in and what does it say?
-Criminal Justice Act 2003: Must not pass a custodial sentence unless the offence:
“Was so serious that neither a fine alone nor a community sentence can be justified”
What are Mandatory sentences?
-Types of Custodial Sentences
-Only sentence for murder
-Judge sets a ‘tariff’ which is the minimum number of years that the offender must serve before being released on licence
What Act are Mandatory Sentences mentioned in and what does it say?
CJA 2003 states that the starting points range from 12 years to a whole life term:
- Fixed term sentences- a set time period, offenders are released on parole after serving half
- Suspended sentence- Can be suspended for up to 2 years. If the person reoffends within the suspension period then they will serve a sentence for the suspended offence and the new offence
What age are Community Orders given to and what are the 6 types?
-Can be given to offender aged 16 or over
-Choice of one/ combination of any of the following:
- Unpaid work- up to 300 hours
- Activity/ programme requirement
- Prohibited activity/ curfew/ exclusion/ residence
- Mental health treatment requirement
- Drug/ alcohol rehabilitation
- Attendance centre requirement
What Act do Community Orders come under?
-CJA 2003
What are Fines?
-An amount to pay
-Most common sentence in the MC
What are the two types of Discharges + what are they?
-Either conditional or absolute
-Conditional= that the court discharges the offender on the condition that they do not reoffend within a set period of up to three years
-If they reoffend they will then be sentenced for the discharged offence and new offence
-Difference to suspended sentence is that the sentence is not specified
What are the two factors to be considered in Sentencing + what are they?
-Aggravating (the offence is worse, sentence will be higher)
-Mitigating (reason why the court can give a lower sentence than normal)
What are the 8 Aggravating Factors?
- Relevant previous convictions
- D was on bail when he committed the offence
- Racial or religious hostility present in the crime
- Hostility to disability or sexual orientation being in the crime
- Offender was part of a group who attacked the victim
- Vulnerable victim
- Victim serving the public (eg on duty nurse)
- Premeditated attack
What are the 5 Mitigating Factors?
- Mental illness
- Physical illness
- No previous convictions
- Evidence of genuine remorse
- Offender cooperated with police
What is an example of a Case with Aggravating Factors?
-R v Raheem-ul-Nasir (2015)
What happens in R v Raheem-ul-Nasir?
-Sentence increased for sexual offenses against two children because his victims were Asian
-Impact= children’s shame/ struggle to find husbands in the future
What are the 6 aims of Sentencing?
- Retribution (Punishment)
- Deterrence
- Reform/ rehabilitation
- Protection of the public
- Reparation
- Denunciation
What is Retribution?
Only interested in punishment and nothing else
-In the past- ‘An eye for an eye’- a reason for the death penalty
-Tariff sentences- now the basis for retribution
-The Sentencing Council will set guidelines that judges should follow
-Judge is only interested in balancing the severity of the crime with the punishment
What is Reform/Rehabilitation?
-Main aim: reform the offender, attempt to reduce levels of future crime
-Particularly important for young offenders
-Normally a community order instead of prison
What is Deterrence?
-Fear of future punishment
-Individual deterrence- ensure that the offender does not reoffend
-General deterrence- put off other potential offenders
-Aim: To reduce future levels of crime
What is Protection of the Public?
-Dangerous offenders
-Generally prison sentences- Criminal Justice Act 2003
-Are other options such as revoking licence of a dangerous driver
What is Reparation?
-Compensating victim of crime
-Usually an order to make D pay V some money
-Can be a community order to make reparation society as a whole
What is Denunciation?
-Society expresses its disapproval of crime
-Reinforces moral boundaries
-Can also mould societies views, e.g. drink driving is now viewed by most as unacceptable behaviour from severe punishment in the courts
