Lecture 3: Sentencing and probation Flashcards
(38 cards)
What are the two types of courts?
- Magistrates court
- The Crown court
What is the crisis in the courts?
- 2024: 75,000 cases backlogged in Crown court
- Average time from offence to CC 2 months
- Loss of court buildings
- Recruitment and retention difficulties: no money in criminal law
- Cracked and ineffective trials
What are the three stages of the Decision process?
- Purpose
- Type of Sentence
- How much?
What are the primary principles of sentencing?
- Punishment of offenders
- Reduction of crime
- Reform for rehabilitation of offenders
- Protection of the public
- Making of reparation by offenders
–> This will link to the type of sentencing they receive: custodial vs non-custodial
What is the purpose of sentencing Act called?
Criminal justice Act 2003 S142
What are the secondary principles of sentencing?
- Statutes: Maximum and minimum terms
- Judgements of appellate courts
- Sentencing guidelines (Ss174-4)
- Aggravating and mitigating factors
What is the role of the sentencing Council (Established by the coroners and Justice Act 2009)
- It promotes transparency and consistency in sentencing.
- Composed mostly by judges and barristers, it is independent of the Ministry of Justice and considered non-political
How does managerialism influence sentencing according to Garland?
It aims to restore public confidence by ensuring judges consider the public’s perspective, emphasises efficiency, and promotes guilty pleas to reduce trial length and benefit victims.
Why was there criticism of judges in the 1970s and 1980s?
They were seen as out of touch, especially in domestic violence and rape cases, often giving minimum sentences
What is expressive ‘acting out’ in sentencing policy?
It refers to government responses to high-profile crimes with symbolic laws (eg. Harpers Law) to reassure the public
How is public opinion politicised in sentencing?
Lawmakers use public opinion to shape sentencing policy, even though the public often lacks detailed knowledge of offences and penalties
What role does public opinion play in sentencing policy according to MOJ (2023)
It plays a pivotal role in shaping sentencing despite limited public understanding of the justice system
What are aggravating and mitigating factors in sentencing?
Aggravating factors increase sentence severity (eg. prior convictions, abuse of trust), while mitigating factors reduce it (eg. youth, mental illness)
Name examples of aggravating factors?
- Prior convictions
- Offence committed on bail/licence
- targeting vulnerable victims
- Hate motivation
- Planned offences
Name mitigating factors?
- Previous goof character
- Youth
- Mental illness
- Minor roles in offence
- Treatment for addiction
What does the Sentencing Act 2020 say about guilty pleas?
Encourages early guilty pleas for shorter cases, saving time and benefiting victims
What percentage of sentences are non-custodial and what do they include?
88% are non custodial
They include discharges, financial penalties, compensation and community orders
What absolute and conditional discharges?
Absolute: No punishment as it’s deemed unnecessary
Conditional: No punishment unless reoffending occurs
What are examples of community penalties?
Supervision, curfews with electronic monitoring, unpaid work, rehabilitation or addiction treatment
What are the two main types of custodial sentences?
Determinate (Fixed end date)
Inter-determinate (no fixed end, only minimum term)
What is a suspended sentence under CJA 2003 s189
A sentence up to 2 years that us not activated unless the offender breaches conditions
What is a mandatory life sentence and what are the starting points?
Life sentence for murder with minimum terms:
15 years (mercy killings)
25 years
30 years (eg, fire harm)
Life
How does public opinion affect life sentencing for youth?
In 2024, public calls for allowing life sentences for under 18s led to policy reviews, shouting populism’s influence
What are discretionary and Automatic S2 life sentences?
Discretionary: Judge decides based on case
Automatic: Applied automatically under certain conditions
