Sentances And Court Powers

Question 1

What codifying statute largely governs sentencing?

Answer 1

Sentencing act 2020

Question 2

What section of the sentencing act 2020 establishes aims of sentencing?

Answer 2

S57(2)

Question 3

What are the 5 aims of sentencing?

Answer 3

Punishment - (retribution ) - taking revenge

Reduction of crime - (deterrent) - put off the offender (individual) put off other people (general)

Reform and rehabilitation - reform the offender by trying to “cure” them

Public protection - prevent the offender harming the public

Reparation - give something back to the victim (compensation)

Question 5

Where are the aggravating factors set out?

Answer 5

Ss64-72 sentancing act 2020

Question 6

Give 3 examples of aggravating factors

Answer 6

Harsher sentence-

1) on bail at time of offence
2) using a weapon
3) racial hostility

Question 7

Where are the mitigating factory’s set out?

Answer 7

ss73-75 sentencing act 2020

Question 8

Name 3 mitigating factors.

Answer 8

Makes judge pass more lenient sentence

1) cooperating with police
2) young defendant
3) mental or physical illness

Question 9

Define imprisonment and where it is defined.

Answer 9

Most serious sentence where D is deprived of their freedom

S230 sentencing act

Question 10

Give examples of communities sentence and where it is found.

Answer 10

Probation, unpaid work, curfew.

S200 sentencing act

Question 11

How do fines work?

Answer 11

Most common sentence

Must take into account D finances

Magistrates can give 5k max

Question 12

Define the 2 types of discharge

Answer 12

Conditional discharge - D of free to go with certain conditions

Absolute discharge - D is free to go with no conditions