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Crim. Year 2 > Ac 2.3 > Flashcards

Ac 2.3 Flashcards

(100 cards)

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1
Q

What are 4 type of sentences

A

Imprisonment- custodial
Fines- monetary sanction
Community rehab
Discharges- conditional and unconditional

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2
Q

Max sentence for assault

A

6 months

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3
Q

Max sentence for battery

A

6 months

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4
Q

Max sentence for s.47 ABH

A

5 years

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5
Q

Max sentence for S. 20 GBH/ wounding

A

5 years

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6
Q

Max sentence for S. 18 gbh/ wounding with intent

A

Life

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7
Q

What are types of imprisonment sentences

A

Suspended
Determinate
Extended

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8
Q

What are 4 parts for the sentencing procedure

A

Seriousness, aggravating and mitigated factors, personal mitigation and sentence

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9
Q

What is seriousness of sentencing procedure

A

Including the culpability of the offender and the harm cause to the victim

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10
Q

What are aggravating and mitigating factors in sentencing procedure

A

This applies to the offence

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11
Q

What is sentence in sentencing procedure

A

Consider credit for guilty plea

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12
Q

How long are suspended sentences

A

Custodial sentence between 14 days to two years or 6 months in magistrate

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13
Q

What is suspended sentence

A

Prison sentence is suspended and may not happen immediately, ask to stay out of trouble or do unpaid work, if followed they don’t go to prison

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14
Q

What happen if D doesn’t follow instructions or commits offence whilst on a suspended sentence

A

They will serve their original sentence and for the other offence they commit

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15
Q

What is a determinate sentence

A

Most common. Where the court sets A fixed length for sentence, if that is the max time the offender could spend in custody, meaning they may not spend their whole time in custody, not serving all of it

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16
Q

What is extended sentence

A

Provides extra protection to public. Are imposed in certain types of cases where the court has found that the offender is dangerous

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17
Q

why is there
a extended licence period

A

Is required to protect the public from of serious have

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18
Q

What do some officers argue about prison ( retribution)

A

That prison is not a punishment “ inmate are so comfortable in jail that do not want to escape, prison officers union leader says

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19
Q

What did Glyn Travis say about inmate ( prison + retribution)

A

He is a prison officer association says inmates are happy to stay inside because they can get a hold of drugs, mobile phones and sex

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20
Q

What is the aim of retribution

A

Punishing the offender for wrongdoing

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21
Q

What the aim of deterrence

A

Preventing reoffending by the offender and others

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22
Q

AIM of rehabilitation

A

Reforming the offender

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23
Q

Aim of public protection

A

Protecting the public from the offender

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24
Q

AIM of reparation

A

Making amends to victims or society

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25
What is purpose for suspended sentences
Acts as a deterrent and offers a chance for rehabilitation without immediate imprisonment
26
How effective is a suspended sentence for deterrence
Threat of activation may deter reoffending
27
how effective are suspended sentence for rehab
Conditions can include rehabilitative measures
28
How effective are suspended sentences for public protection
Limited, as the offender remains in the community
29
How effective are suspended sentences for retribution
May be perceived as lenient, potentially undermining public confidence
30
How effective are suspended sentences for reparation
Possible through unpaid work components
31
What is the purpose of a determine sentence
Balances punishment with the opportunity for reintegration
32
How effective are determine sentences for retribution
Provides a clear punitive measure
33
How effective are determine sentences for deterrence
Questionable effectiveness, especially for short sentence
34
How effective are determine sentences for rehab
Limited by short custody periods and variable support post-release
35
How effective are determine sentences public protection
Temporary during custody; supervision on licence aims to mitigate risks
36
How effective are determine sentences for reparation
Not inherently designed for reparation
37
Definition of a whole life order
No possibility for release
38
What is the purpose of a life sentence and a whole life order
Reserved for the mot serious offences
39
How effective is a life sentence for public protection
Ensure dangerous offenders are removed from society
40
How effective is a life sentence for retribution
Represents the highest level of punishment
41
How effective is a life sentence for deterrence
Limited evidence of broader deterrent effect
42
How effective is a Life sentence for rehab
Opportunities exist but are constrained by the nature of the sentence
43
How effective is a life sentence for reparation
Not applicable
44
What the purpose of an extended sentence
Enhances public protection by extending supervision
45
How effective is extended sentence for public protection
Strengthened through extended monitoring
46
How effective is extended sentence for retribution
Reflects the seriousness of the offence
47
How effective is extended sentence for deterrence
Potentially more impactful due to longer term
48
How effective is a extended sentence for rehab
Extended license offers more time for interventions
49
How effective is a extended sentence for reparation
Not a primary focus
50
What is the prison population as of June 2024
In England and Wales was nearly 88,000, which projections of a rise of around 17,000 by 2026- 95.8% males and 4.2% females
51
How many are serving a life sentence
7,391- highest in Europe
52
What is the average time served
Individuals serving mandatory life sentences now spend an average of 18 years in custody, up from 14 years in 2002
53
What is the reoffending rate <12months sentence
57% within a year
54
What is the overall reoffending rates
38% of adults released from custody reoffend within 12 months
55
How many prisoners were in education in prison in 2023-24
49,965
56
How many prisoners achieved level 2 English and maths
1976 in English and 1334 in maths
57
How did ousted rate half the prison education as
Inadequate
58
In Bromley briefings, how many prisons were overcrowded
2 in 5 prisons were overcrowded, with some prisoners sharing cells designed for one, potentially reinforcing the idea of punishment
59
What aim of punishment can be met with custodial sentence
Retribution, but societal views vary, short sentence often fail to convince the public that “justice has been done”
60
how many adults are released from sentences under 12 months reoffended within a year
63%
61
how many of women and men face mental health challenges (Bromley briefings)
over 50% of women and 30% of men in custody report a mental issues, which affects their ability to make rational choices
62
what do short sentence not deter
do not deter offenders from reoffending can even contribute to the cycle of reoffending
63
what deterrence do prison have
a weak one, especially for vulnerable offenders, suspended sentences also lack public visibility and may not carry enough deterrent effect
64
in Bromley briefings, how many prisoners had access to learning and skills development
32%
65
how many prisoner have lack of basic literacy and numeracy skills
half of prisoners
66
what disrupts the education and rehab service
staffing shortages and lockdowns
67
how many prisoners were working in the community on a average day on a temporary licence
211 prisoners which is less than 0.3% of prison population
68
suspended sentences can include rehab components but are what
rarely structured for long-term reform
69
custodial sentence largely fail to meet what
to meet the goal rehab. ROTL and suspended sentences have potential by are underutilised.
70
what percentage of prison sentence are for 6 months or less
48% - offering little long-term protection
71
what did Bromley briefings highlights about prison leaver face
unstable housing( 1 in 3 nowhere to live) limited supervision capacity
72
what does the offender rehabilitation act 2015 ensure
ensures 12 months of post-release supervision, but this system is strained and often fails to support re-entry effectively
73
how does long custodial sentence partially meet the public protection goal
strong for long-term or high-risk offenders, but short-term, sentences fail to offer meaningful protection
74
what does the prisoner's earnings act 2011 allow
for a deduction of up to 40% from ROTL wages for victims' services
75
Bromley briefings show a counterargument on the prisoner's earning act 2011
fewer than 250 prisoners work on ROTL each day- negligible impact
76
most prisoners do not have opportunities to make what (reparation)
to make amends to victims or society
77
how does custodial sentence fail to meet reparation
reparation is practically absent from most prison sentence
78
public visibility of community sentence (retribution)
contributes to sense of punishment, but some critics argue it lacks the "weight" of imprisonment
79
how much has the use of community sentences according to BBC
halved in the last decade, partly due due to the loss of confidence following the part-privatisation of the probation service between 2013-2020
80
what is the reoffending rate on community orders
56% lower than the 63% for short prison sentences
81
what do community order include
mental health, alcohol or drug treatment requirements, as well as support for housing, employment and education
82
why are community orders have limited pontential
bc they are barley issued
83
how is public protection effective on a community order
moderate, reliant on effective supervision by the probation service
84
what does community payback involves (reparation)
repairing damaged public property or cleaning up areas
85
how does community order meet the aim of reparation
especially where work directly addresses community harm
86
how many unpaid fines in the UK as of the 2023
£623 million
87
how effective are fines to achieve retribution
only partially effective- undermined by poor collection rates and low impact on wealthier offenders
88
how does fines work with deterrence
intended to deter both the offender and others through financial loss
89
how do fines only work as a deterrent to some
it is depending on their income level- wealthier offenders may be unaffected
90
how effective are fines to achieve deterrence
weak deterrent, especially without proper enforcement
91
do fines reach the aim of rehab
do not address the root causes of criminal behaviour and offer no rehabilitative element
92
do fines reach the aim of public protection
no- offenders remains in society
93
what is a victim surcharge (reparation)
introduced in 2007 contributes to a central fund for victim services
94
problem with the victim surcharge
does not go directly to victims so they don't get much compensation
95
how does discharges not achieve retribution
minimal; argued that it is not a real punishment, but relets proportionality for minor wrongdoing
96
how are discharges achieve deterrence
intended as a warning, effective for who are shocker by being in court
97
what type of offence can meet deterrence with discharge
low-risk and first time minor wrongdoing
98
how is rehab achieve with discharge
no formal rehab element, but light touch approach may reduce labelling and stigma
99
how is public protection and reparation achieve by discharge
offenders are not restricted or monitored; no contribution to community repair
100
is rehab achieve through discharge
minimal impact, though avoid criminalisation

Crim. Year 2 (12 decks)

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