English Legal System: Sentencing

Question 1

What does section 142 of the Criminal Justice Act 2003 set out?

Answer 1

It sets out the purposes of sentencing for those aged 18 or over. It says that a court must have regard to…

the punishment of offenders

the reduction of crime

the protection of the public

Question 2

What is retribution? (aim of sentencing)

Answer 2

Imposing a punishment because the offender deserves it.

Question 3

What does the Sentencing council do?

Answer 3

produces guidelines on sentencing for the judiciary and criminal justice professionals and aims to increase public understanding of sentencing.

Question 4

What is deterrence? (aim of sentencing)

Answer 4

Giving a punishment aimed at putting off the defendant from re offending because of the fear of punishment.

Question 5

What are examples of individual deterrence?

Answer 5

Prison sentence

heavy fine

a suspended sentence

Question 6

What percent of adult prisoners reoffend within two years of release?

Answer 6

55%

Question 7

What is an example where deterrent sentencing was used?

Answer 7

Following the rioting in the summer of 2011, many offenders were given custodial sentences for relatively minor theft during the looting.

This was to send a clear message that offenders committing offences during riots would be given severe sentencing.

Question 8

What is rehabilitation? (aim of sentencing)

Answer 8

Trying to alter the offender’s behaviour so that they will conform to community norms and not offend in the future.

Question 9

Give examples of how the public could be protected.

Answer 9

Dangerous drivers disqualified from driving.

Imprisonment

impose curfews monitored by an electronic tag

Question 10

What are reparations?

Answer 10

When an offender compensates the victim or society for the offending behaviour

Question 11

What is denunciation?

Answer 11

Expressing society’s disapproval of an offender’s behaviour.

Question 12

What are the four types of custodial sentencing?

Answer 12

Mandatory life.

Discretionary life.

Fixed term.

Suspended

Question 13

What is a mandatory life sentence?

Answer 13

The only sentence that can be imposed for a charge of murder,

and the judge must state the minimum number of years to be served before being eligible for release on licence.

Question 14

What is a discretionary life sentence?

Answer 14

When the judge has discretion in sentencing and can give any lesser sentence where appropriate.

Question 15

What is a fixed term sentence?

Answer 15

Imprisonment for a set time.

Question 16

What is a suspended prison sentence?

Answer 16

When the sentence does not take place immediately.

If the offender commits another offence, then the prison sentence is activated and the offender will serve it in addition with the sentence for the new offence.

Question 17

What are the four main types of adult Sentences?

Answer 17

Imprisonment.

Community Service.

Fines.

Discharges.

Question 18

When deciding a sentence, what do the courts consider?

Answer 18

The offence

Sentence guidelines

The offender’s background

Question 19

Give examples of aggravating factors.

Answer 19

Previous convictions

If the defendant committed the crime whilst on bail

Racial or religious hostility being involved in the offence

If the offence was premeditated

Question 20

Give examples of mitigating factors.

Answer 20

Mental illness of the defendant

If the defendant has no previous convictions

Evidence of remorse

A guilty plea

Question 21

How much will the judge reduced the defendant sentence if they pleaded guilty…

… at first reasonable opportunity?

… after the trial has begun?

Answer 21

… at first reasonable opportunity? Up to 1/3

… after the trial has begun? Up to 1/10