sentencing

Question 1

aims of sentencing

Answer 1

protection of the public: protects the public from the individual if they were to do it again

denunciation: make it known to public and offender that it is wrong
deterrence: prevents the offender reoffending or from people committing offence (individual or general)
retribution: punishing offender, justice, should be proportionate to offence
reparation: making it up to the victim through compensation or actions
rehabilitation: reforming the offenders behaviour so they understand it is wrong and they can be helped

Question 2

what act sets out the aims of sentencing?

Answer 2

Section 142 of the Criminal Justice Act 2003

Question 3

Act which names factors of sentencing?

Answer 3

Section 143 Criminal Justice Act 2003

Question 4

Aggravating factors

Answer 4

previous convictions 
no remorse 
premeditated 
hate crimes 
position of trust 
use of weapons

Question 5

mitigating factors

Answer 5

first offence 
carers of children 
mentally disordered 
remorseful 
plead guilty 
out of character

Question 6

Who is responsible for sentencing guidelines?

Answer 6

sentencing council (2010)

Question 7

Reductions of sentence for guilty plea

Answer 7

first opportunity- up to 1/3
after trial set- 25%
door of court or after trial has begun- up to 10%

Question 8

types of sentences

Answer 8

custodial
community
fines
discharges

Question 9

types of custodial sentences

Answer 9

only to be used if serious (section 152 crim just act 2003)
mandatory 
discretionary 
fixed 
suspended

Question 10

mandatory life

Answer 10

minimum of 12 years (s269 crim act 2003) before eligible for release on license

Question 11

discretionary life

Answer 11

manslaughter and robbery

maximum is life but doesn’t have to be imposed

Question 12

fixed term sentences

Answer 12

set amount of time
do not serve whole sentence
released after half of sentence
crime and disorder act 1998- early release with curfew, not a right

Question 13

suspended sentence

Answer 13

14 days to 2 years
sentence not served
suspension of 6 months to 2 years
if reoffend or break rules of sentence within suspension period, they serve the sentence

Question 14

Community orders

Answer 14

Criminal justice act 2003 s.177

rehab, supervision, unpaid work

Question 15

fines

Answer 15

magistrates - £5,000 maximum,
unlimited for businesses
crown court = few fines

Question 16

discharge

Answer 16

conditional or absolute
c: no sentence needs to be served etc
3 year period to not reoffend or are charged for both times

Question 17

what are extra powers the court have when sentencing?

Answer 17

disqualification from driving
compensation order
restitution order

Question 18

evaluation of sentencing

Answer 18

+ prison population (crim act-tougher com sent. to lower)
reoffending (44.75% of adults in prison reoffend within a year)
damage to families (17,000+ children separated from mothers)