Unit one section B Flashcards
Advantages for retribution for adult offenders
- Provides justice for victims
- Dangerous offenders are off the streets
- Acts as a deterrent for repeat offenders (R v Whitton 1985)
- Offender rehabilitation Act 2014 introduced post- release intergration.
Disadvantages for retribution for adult offenders
- 50% of offenders re-offend within a year
- Prison overcrowding and costs
£40,000 per annum per prisoner. - mental health impact,employment impact
Advantages for Rehabilitation in adult offenders
- Prevents reoffending by tackling issues that cause offending
- Supported by community orders(drug rehab and education programs)under CJA 2003
Disadvantages for rehabilitation in adult offenders
- Viewed as too lenient in serious crimes
- Not always successful
- Though cheaper than imprisonment training and support programs are still high cost.
Name the 4 main methods of sentencing for adults
Custodial sentencing
Community sentences
Fines
Discharges
Give the definition of a custodial sentence
Offenders are sentenced to prison for a fixed term or life depending on the severity of their crimes. CJA 2003 emphasised the importance of fairness and punishment.
Give advantages of custodial sentences
-serious offenders are removed from society preventing them to harm anyone
-justice and punishment for serious crimes
-Acts as a good deterrent
R v whitton 1985- general deterrence from hooliganism
Disadvantages of custodial sentences/retribution
-High reoffending rates 50% of prisoners reoffend within a year
-Prison over crowding and costs £40,000 a year on one prisoner
-Most prisoners need rehabilitation instead of punishment like women 70% have mental issues 65% reoffend on release
R v Gathercole [2025]- repeat offender charged with two accounts of indecent exposure within a years space between offences.
Definition of community sentences
Punishments served in community, unpaid work, curfew, rehabilitation under CJA 2003
Advantages of community sentences
-rehabilitation focused
- 2013 ministry of justice report found that’s offenders with community sentences were far less likely to reoffend compared to those with custodial sentences.
-cost effective
Disadvantages of community sentences
- viewed as too lenient, less confidence in the justice system
- Fail to deter serious crimes
People fail to attend
The case of Joseph McCann highlighted the failure for community orders to deter serious crimes-After serving over eight years for aggravated burglary, McCann was released on licence in 2017. Despite being under supervision, he went on to commit a series of violent sexual offenses in 2019.
Advantages and disadvantages of fines
Quick and cost effective
Easy to administer
Can be proportional to the offenders actions
Disadvantages of fines
Inequality between rich and poor offenders
Provides a poor deterrent for rich offenders
Only used for low risk offences
Discharges absolute and conditional definition
Absolute- No punishment imposed, used when offenders is minor
Conditional- No immediate punishment, but if another crime is committed within a set time it can be added to their sentence.
Advantages of discharges
Prevents first time offenders from entering the criminal system
Allows offenders to reform without unneeded penalties
Prevents overload on justice system and prisons
Disadvantages of discharges
Too lenient
Not effective for repeat offenders
Poor deterrent
explain the role of solicitors
-Client interaction and legal advise from start to finish
-Case preparation, drafting documents, negotiating settlements.
- Advocacy in lower courts under the Access to Justice Act 1999
- work in house and in specialist areas
Explain the training of solicitors
-law degree or graduate in diploma law
- Solicitors qualifying exam
- 2 years work experience
who regulates solicitors?
Solicitors Regulation Authority
Explain the role of the solicitors Regulation authority
Ensure solicitors meet high standards
Act when a risk is identified
make sure solicitors adhere to the principles in the Authorities code of conduct
Give a case highlighting the powers of the SRA
Griffiths v Dawson 1993- solicitors failed to make the correct application in a divorce settlement. Made to pay £21,000 in compensation.
What are the powers of the SRA
Can fine up to £2000
Issue a written reprimand
prosecute in the solicitors disciplinary Tribunal which has the power to to strike off the role of solicitors
Explain the role of Barristers
-Advocacy in higher courts: Crown, COA, SC
-Give legal advise to solicitors
-Draft legal documents - prepare court pleadings
- self employed, work in court chambers
-Cab rank Rule- Have to take any case if they are paid adequately, expertise in the area, and available.
Explain the training of barristers
- law degree or gradual law diploma
-Bar training course - 1 year pupilage
