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responses to crime MCQs > lecture 3.1 - sentencing > Flashcards

lecture 3.1 - sentencing Flashcards

(43 cards)

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1
Q

what two types of criminal courts are there?

A
  • magistrates courts
  • crown courts
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2
Q

key facts about magistrates courts

A
  • all cases begin here
  • 3 magistrates or 1 stipendiary
  • decide on bail and remand
  • decide factual innocence or guilt
  • limited sentencing powers
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3
Q

what percentage of cases end in magistrates courts?
what types of offences?

A

95%
summary and triable either way offences

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4
Q

how many magistrates in magistrates courts?

A

3 magistrates or 1 stipendiary

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5
Q

key facts about crown courts

A
  • jury of 12 decide factual innocence or guilt
  • sentence passed by judge
  • sentence referrals from magistrates
  • decide appeals from magistrates
  • remand
  • conviction
  • sentence
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6
Q

what percentage of triable either way and indictable offences occur in crown court ?

A

5%

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7
Q

how many in jury in crown courts?
what does the judge do?

A

12
sentence passed by the judge

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8
Q

3 types of crown court judges

A
  • recorder judges
  • circuit judges
  • high court judges
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9
Q

what is the 3 step decision process for principles of sentencing?

A
  1. purpose
  2. type of sentence
  3. how much?
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10
Q

what does the criminal justice act 2003 s142 state?
5 principles of sentencing

A

court must have regard to the following purposes of sentencing:
- punishment of offenders
- reduction of crime
- reform and rehabilitation of offenders
- protection of the public
- making reparation by offenders

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11
Q

what 3 other factors influence sentencing?

A
  1. statutes: maximim and minimum terms
  2. judgements of appellate courts
  3. pre cons
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12
Q

what is non consequentialist ?

A

the rightness of an action is not solely determined by its consequences

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13
Q

what is consequentialist?

A

the right act which has the best consequences

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14
Q

what principles of sentencing are in ss 143-146 CJ act 2003

A
  • aggravating factors
  • mitigating factors
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15
Q

what are aggravating factors?

A
  • previous convictions
  • offended on bail or licence
  • motivated by victims disability, race, sexuality, religion
  • planned offence
  • influence of alcohol or drugs
  • abuse of position of trust/ vulnerable victim
  • committed with others
  • multiple victims
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16
Q

what are mitigating factors?

A
  • previous good character
  • greater degree of provocation than normally expected
  • mental illness or disability (capacity)
  • youth or age where it affects the responsibility of the defendant (capacity)
  • in treatment for alcohol/ drugs
  • minor role in the offence
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17
Q

what does sentencing act 2020 s 73 state

A

guilty pleas

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18
Q

how many convictions and crime did jordan mcsweeney commit before 2006?

Study These Flashcards
A

28 previous convictions
69 crimes

19
Q

what are non custodial sentences - definition?
examples

Study These Flashcards
A

sentences that do not include imprisonment
examples:
- discharges
- financial penalties
- community penalties

20
Q

percentage of discharges in noncustodial sentences?

21
Q

percentage of fines in non custodial sentences?

22
Q

percentages of community penalties in non custodial sentences?

23
Q

percentage of other non-custodial sentences that aren’t discharges, fines, community penalties?

24
Q

what 2 types of discharges?

Study These Flashcards
A
  1. absolute: inexpedient to inflict punishment (no further action)
  2. conditional (offender released and offence registered)
25
what financial penalties are there? what is the most common in MC?
fine is the most common in MC - statutory maximums for offence type compensation for victim - victim surcharge
26
what community penalties are there under the community order CJA 2003 s 177?
-supervision by probation - curfew/ prohibited areas - electronic monitoring - unpaid work -community payback - programme of rehabilitation and/ or treatment for addiction
27
what does community threshold s 148 state?
lesser punishment not appropiate
28
what 2 types of custodial sentences are there?
determinate indeterminate
29
types of determinate sentences
suspended sentence determinate sentence extended sentence
30
suspended sentence duration CJA 2003 s189
maximum 2 years
31
what is a typical CC sentence?
determiante sentence extended sentence
32
what act is extended sentence found and why are they used?
LASPO act 2012 s124 - if there is a significant risk to public of violent/ sexual offence
33
indeterminate sentence but with minimum term types
- mandatory life for murder - discretionary life - automatic s 2 life - indeterminate sentence for public protection - automatic life
34
what act was automatic s2 life under? and until when?
Crime sentences act 1977 until 2005
35
what act is indeterminate sentences for public protection found under? and until when?
CJA 2003 ss225 until 2012
36
what act is automatic life under? from when? could have imposed what amount of years?
LASPO act 2012 s122 - from 2012 - could have imposed 10 years or life - pre cons for violent/ sexual offence
37
custody threshold ss 152-3 states
'so serious' 'must be for the shortest term... commensurate with the seriousness of the offence'
38
percentage of suspended sentences
4%
39
percentage of immediate custody sentences
8%
40
sentencing council (coroners and justice act 2009) state what? promote what? judges consider impact of what?
publish and expect adherence to sentencing guidelines under ss 172-4 - promote transparency and consistency of treatment - judges to consider impact on public confidence in CJS
41
sentencing and sentencing guidelines
-expressive 'acting out': governments can respond quickly to high profile crimes, giving symbolic reassurance to public - politicisation of victims and privileging of public opinion - denial: reinforces idea crime can be controlled through court-sanctioned punishments - instrumental management of risky people
42
sentencing aims to satisfy...
several contradictory statutory aims and sevres both instrumental and expressive purposes
43
sentencing is a skilled discretionary role but...
increasingly constrained by prescriptive guidelines and statutory minimum terms

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