3) Sentencing Flashcards
(33 cards)
Where are the aims of sentencing laid out
S.57 of the Criminal Justice Act 2003
What are the 5 aims of sentencing
- Retribution
- Deterrence
- Protection of public
- Rehabilitation and Reform
- Reparation
What is retribution
- Where the offender must face punishment, this punishment must be on the same level as the crime
- Comes from the Bible quote of “an eye for an eye”
What is deterrence and the two types
- The action of discouraging committing offences
- Individual deference, particular offender where a harsher sentence could be imposed to stop it from happening again
- General deterrence, making someone an example
What is protection of the public
Sentence given to protect the public from the offender, e.g dangerous driver is given a driving ban - custodial sentences
What is reform and rehabilitation
Ways of help and prevention to stop offenders committing again
- s.57 Sentencing Act 2020, rehabilitation should be prioritised for youth offenders especially
- Police, crime, sentencing and courts act 2022 - community sentencing should provide appropriate levels of punishment and address underlying causes of offending
What is reparation
The process of giving back to society what was taken away
- unpaid community work
- taking accountability, and apologising
What are 3 aggravating and mitigating factors
A - Seriousness of crime
- Harm caused
- Previous convictions
M - personal circumstances
- genuine
- Admitting guilt earlier
What age range is classed as a youth offender
10-17 years of age
Where are youth offenders tried
Youth courts, unless serious or tried alongside adult then crown court
What case outline the role of youth courts
Thompson and Venebles v UK
What did the European court of human Rights (ECHR) establish about youth courts
- Must all sit on the same level
- Defendant allowed to sit with family
- No wigs, no gowns
- Press should be restricted
- No jury and no public
What is a youth rehabilitation order and what is it covered by
A type of youth community sentence
- S.173 Sentencing Act 2003 (max 5yrs)
What 3 requirements can be attached to a youth rehabilitation order
- Curfew
- Electronic tag
- Unpaid work requirements
What rules are there on youth fines
- They must reflect the ability of what the youth can pay
- if the youth is under 16 the parent/guardian is responsible to pay the fine
What is the main purpose of youth community sentences
- Deterence
- Reform
(classed as a first tier sentence)
What is an example of a youth community sentence
- Reparations Order
i.e clean graffiti, meet victim and apologise
S.109 Sentencing Act 2020
What are the two types of youth discharge
- Conditional
- Absolute
What is a conditional discharge
- Youth is not punished for offence as long as they do not commit another within a period of 6 months up to 3 years
What is an absolute discharge
- Where the youth is not punished even if found guilty or pleads guilty
What are 2 youth custody options
- Detention and training
- Detention for life
What is detention and training
- First half of sentence the youth remains in custody, second half spent in community under the supervision of Youth offending team
What is detention for life
- Where a youth has committed a serious offence e.g murder, rape they are detained for life
- These would include offences which an adult would received 14+ years
How many categories of sentencing are there for adults
4 Categories
- Community sentence
- Fines
- Discharge
- Custodial sentences
