Assess how forms of punishment meet the aims of punishment: Fines and Discharges - AC2.3 Flashcards
(12 cards)
What is a fine?
Financial penalties for offending, usually given for less serious offences - often used by the magistrates’ courts
What percentage of guilty offenders receive a fine?
15%
What factors decide the size of the fine?
the offence itself
circumstances of the crime
offenders ability to pay
which court is hearing the case
What fines can the magistrates court impose?
up to £5000, or £1000 for two or more offences
Do fines meet the aim of punishment - retribution?
NO - not as serious as prison or changing their lifestyle
YES - still can be a major financial loss, is proportionate to the offence
do fines meet the aim of punishment - deterrence?
NO - people from richer backgrounds won be too bothered to pay for a fine
YES - No one would want to pay a fine and especially those who are more poor
Are people deterred from crimes that will receive a fine?
Speeding - 51% of car drivers exceeded the speed limit on 30mph roads compared to 48% on motorways
What happens if an offender fails to pay their fine?
Failing to pay a fine without good reason may face prison
in 2019 however the backlog of unpaid fines had reached £623m, many of these were written off as uncollectible
What is a discharge?
When the court finds someone guilty of a minor offence but decides not to hand down a criminal conviction they will be given a discharge?
What are the two types of discharge?
Conditional Discharge - offenders will not be punished unless they commit another offence within a set period of time determined by the court
Unconditional Discharge - No penalty is imposed - granted when the defendant is guilty but where punishment would be inappropriate as the offender is morally blameless.
A case study regarding discharges?
The Thirsk Rail Crash 1892
10 people died, a signalman was found guilty of manslaughter but given an absolute discharge because of very unusual circumstances
Holmes (signalman) was forced on to working a shift whilst having no sleep, his baby had just died, stress of his mother coming over. It was his employers job to explain why he couldn’t work his shift but he didn’t
