Ac 2.3 Flashcards
(63 cards)
Punishments available
Imprisonment- mandatory and discretionary life sentences, fixed tern and indeterminate sentences, suspended sentences
Community sentences- unpaid work, curfew, drug treatment and testing, supervision
Fines-depend on financial circumstances of the offender and seriousness of offences
Discharges- conditional, where the defendant reoffends during a set period of time the courts can impose a different sentence. Absolute, where no penalty is imposed as the defendant is guilty but morally blameless
What are the two factors that the courts must take into account when deciding on the type of sentence
Aggravating factors:
Position of power
Racially motivated
Previous convictions
Harm to victim
Likelihood of reoffending
Mitigating factors:
Upbringing
Trauma
Motivation
Cooperation with police
Disability
Young offenders
Remorse
When is imprisonment used
Prison sentences are handed down by courts for the most serious offences or when the court believes the public must be protected by removing the offender from society
What percentage of prisoners in the uk were convicted of sexual or violent offences
Almost 50%
What are the three types of prison sentences
Indeterminate and life
Determinate
Suspended
Life sentences
What is the minimum time a judge sets for a life sentence before parole consideration
15 years
Who assesses whether it’s safe to release a prisoner on parole
The parole board
What conditions must a prisoner follow if released on license
Good behaviour
Not reoffending
Regular testing and meetings
How long does a person remain on license after being released from a life sentence
Rest of their life
What happens if a person breaks the terms of thier license
Returned to prison or fined
What are mandatory life sentences
Must be given to offenders who are found guilty of murder
Can also be given for other serious offences such as rape
Means they will never be released
What are indeterminate sentences
Introduced in 2005
Set a minimum time that the offender must serve in prison
No automatic right to be released after the minimum term has been served
Parole board will decide if the defendant is no longer too dangerous and able to be released on license
IPP sentences were ruled unlawful in 2012 and the sentence was abolished, some argue they’re against human rights and they can also lead to overcrowding in prisons
What types of crime was this given out for
Minor crimes
Shoplifting
Fighting
What were they supposed to do
Keep dangerous criminals in until proven better
What is the cost of keeping IPP prisoners in jail
119 million
What are indeterminate sentences
Introduced in 2005
Set a min time that the offender must serve in prison
No automatic right to be released after the minimum term has been served
Ruled unlawful in 2012 as some argue its against human rights and can lead to overcrowding in prisons
What types of crime was this given out for
Minor crimes
Shoplifting
Fighting
Criminal damage under 20£
What were they supposed to do
Keep dangerous criminals in until proven better
What us the cost of keeping IPP prisoners in jail
119 million
According to Joel Samual QC what would be a better way of ensuring the safety of the public
Releasing IPP and supervising them
What senteces are the most dangerous criminals serving
Discretionary sentences or life
What happened in Michael hoods case
Had a 3 year minimum and served 7 years
According to hood what was the effect of his sentence and how he’s treated differently since release
Felt cut off, skinnier, on drugs
Was monitored more than others when released
What conditions were placed on him after he was released
Regular probation meetings
Not allowed to see gf