Sentencing

Question 0

What are the 4 aims of sentencing?

Answer 0

1. Punishment
2. Reduction of crime
3. Protection of public
4. Reparation

Question 1

What is recidivism?

Answer 1

Reoffending rate- indicates success of sentencing

Question 2

Punishment (Retribution)

Answer 2

Making people pay for their crime

Proportionality- punishment must fit the crime ‘just deserts’

Question 3

Deterrence

Answer 3

Individual deterrence- stop that offender reoffending
General deterrence- to stop others committing crime
A) normal level of sentence should be enough to deter people
B) exemplary sentence may be used when particular crime is rising

Question 4

Protection of society

Answer 4

To incapacitate the criminal- prison, death penalty, castration of rapists

Question 5

Rehabilitation

Answer 5

Penalty should fit the individual with their needs being assessed
Prison rule 1- teaching the offender to lead a good and useful life

Question 6

Reparation

Answer 6

Victim of the crime must be compensated in some way:

• offender pays back society or the victim directly
• offender may have to dig victims garden, return stolen property
• mags or judges may make compensation order
• community penalties require offenders to make reparation to society as a whole

Question 7

What other factors must a court consider?

Answer 7

1. Tariff system- Individual guidelines- judges starting point maybe increased or lowered according to aggravating/mitigating factors
2. Seriousness of offence within its type
3. Aggravating factors
4. Mitigating factors
5. Offender considerations

Question 8

What are the aggravating factors?

Answer 8

Unnecessary violence
Vulnerable victim
Breach of trust
Group offending
Prejudice
Use of weapon
Adult involving
Premeditation/ planning
Offence committed on bail

Question 9

What are the mitigating factors?

Answer 9

Early guilty plea
First offence 
Remorse 
Domestic/financial problems 
Impulse (not planned)
Cooperating with police 
Provocation
Age

Question 10

What is the hierarchy of sentencing from the most important?

Answer 10

Custodial
Community penalty
Financial
Discharge

Question 11

What is the sentencing procedure?

Answer 11

Prosecutor gives details of offence
Prosecutor gives details of antecedents 
Maybe an adjournment or PSR
Defence give plea in mitigation
Sentence is passed

Question 12

What are the three tariffs for mandatory murder?

Answer 12

Whole life
30 years minimum
15/12 years minimum

Question 13

What are the 4 factors that lead to whole life?

Answer 13

1. Two or more victims involving specific aggravating factors
2. Murder of child involving abduction, sexual or sadistic motivation
3. Murder for political, religious or ideological cause
4. Previous conviction for murder

Question 14

What are the 8 factors that lead to 30 years life sentence?

Answer 14

1. Murder of a police or prison officer in the course of duty
2. Involving the use of a firearm or explosive
3. For gain, such as robbery, burglary or for payment
4. Intended to obstruct or interfere with the course of justice
5. Involving sexual or sadistic conduct
6. Murder of two or more persons
7. Racially or religiously aggravated or aggravated by sexual orientation
8. Murder falling within paragraph 4(2) by an offender aged under 21

Question 15

What can get an offender a 15(12) year sentence?

Answer 15

If aged 18 or over at date of offence, minimum term of 15 years but if under 18 at date of offence minimum term of 12 years

Question 16

What is discretionary life sentence?

Answer 16

Imprisonment for public protection- another indeterminate sentence used for dangerous offenders
E.G. Manslaughter and robbery can carry life imprisonment but they do not have to

Question 17

What is a fixed term sentence?

Answer 17

A certain number of years or months given (5 day minimum)

Question 18

What is the custody threshold test S152?

Answer 18

Custody only to be given if the offence:

• is so serious a fine or community sentence can not be justified- S152(2) CJA 2003
• if offender refuses to comply with the requirements of a community order
• the offender is convicted of a specified sexual or violent offence and the court finds that the offender poses a risk to harm the public

Question 19

What are the 3 minimum sentences? Criminal Justice Act 2003

Answer 19

1. Automatic life if convicted of 2nd serious sexual or violent offence
2. A minimum of 7 years for anyone 18 and over who is convicted on 3 separate occasions of dealing with Class A drugs
3. Minimum of 3 years for those convicted of 3rd burglary of a dwelling

Question 20

What is parole or early release?

Answer 20

• early release is on licence
• CJA 2003 prisoners only serve half of their sentence unless a ‘dangerous’ offender
• all offenders remain on licence until the end of their sentence

Question 21

What is a suspended prison sentence?

Answer 21

A prison sentence of up to 2 years (6months in mags) can be suspended for up to 2 years
Only given if:
-prison is appropriate for the case
-there is exceptional circumstances
-if they re-offend they will be sent to prison

Question 22

What is a home detention curfew?

Answer 22

Sentences between 3 months and 4 years can be given early release with tagging and curfew
Offenders are risk assessed, no automatic right to it
Violent and sex offenders cannot get home detention curfew

Question 23

What is the one advantage to prison and the 2 disadvantages?

Answer 23

ADVANTAGE- public are protected

DISADVANTAGES- prison doesn’t seem to rehabilitate
Prison is expensive

Question 24

What are the aims of community orders?

Answer 24

Reform
Rehabilitate
Repay society