sentencing

Question 1

aims of sentencing

Answer 1

• retribution
• deterrence
• reform/rehabilitation
• protection of the public
• reparation
• denunciation

Question 2

retribution

Answer 2

• a person who has broken the law should be punished
• an individual will receive a fair punishment which reflects both the seriousness of their offence and the moral fault of the offender

Question 3

deterrence

Answer 3

• general: you deter the public from committing criminal offences
• individual: you deter the individual from committing criminal offences

Question 4

reform/rehabilitation

Answer 4

• seeks to reform or rehabilitate the criminal deviance which caused the criminal to offend
• favours the use of sentences designed to improve the offender’s sense of self worth

Question 5

protection of the public

Answer 5

• when the aim of the sentence is to stop the defendant from causing harm to the public

Question 6

reparation

Answer 6

• aimed at compensating the victim usually by ordering the offender to pay a sum of money

Question 7

denunciation

Answer 7

• when society expresses their disapproval of the criminal activity
• sentence should indicate to the offender that their actions are condemned by all

Question 8

types of sentencing

Answer 8

• custodial
• community
• financial
• discharge

Question 9

custodial sentence

Answer 9

• most serious sentence
• section 79 powers of criminal courts act 2000: imprisonment is to be used only where such a sentence ‘would be adequate to protect the public from serious harm’ from the offender

Question 10

mandatory sentences (custodial)

Answer 10

• murder: life sentence
• judges can decide the minimum number of years the offender must serve before parole (minimum of 12, criminal justice act 2003)

Question 11

discretionary sentence

Answer 11

• maximum is life in prison but a judge has the discretion to give a lesser sentence
• if a person commits a second serious offence, a life sentence should be given

Question 12

fixed term sentences

Answer 12

• length depends on several factors (e.g seriousness of crime and potential previous criminal record)
• offender will be let out half way and be on license for the remainder of the sentence

Question 13

suspended sentences

Answer 13

• may be given a suspended sentence of up to 2 years
• does not take effect immediately
• court will fix a time during which the sentence is suspended
• prison sentence is activated if another offence is committed

Question 14

community sentences

Answer 14

• criminal justice act 2003: community punishment orders or a combination may be imposed
• can include compulsory unpaid work, curfew, treatment

Question 15

financial sentences

Answer 15

• a sum of money ordered to be paid by the offender to the crown
• most common form of punishment and is imposed for minor TEW offences

Question 16

discharge

Answer 16

• absolute: the court takes no further action against the defendant, but the discharge will appear on their criminal record
• conditional: where the defendant is convicted without sentence on condition that they do no re-offend within a specific period of time

Question 17

other powers of the court

Answer 17

• disqualification: from driving for a certain length of time
• compensation order: court can order the offender to pay a sum of money to the victim
• forfeiture order: certain property in the possession of the offender is taken from him

Question 18

aggravating factors

Answer 18

• previous convictions
• racial/religious hostility
• vulnerable victim
• premeditated

Question 19

mitigating factors

Answer 19

• age
• health
• co-operation
• remorse
• character
• family circumstances