Sentencing

Question 1

maximum sentence

Answer 1

-magistrates and judges are still restricted to max sentences for each offence decided by parliament

Question 2

minimum sentence

Answer 2

Crime sentence act 1997
-second serious offence will mean life sentence
-3rd drug dealer offence is 7yrs
-3rd burglary is 3years

Question 3

Aims

Answer 3

s144 criminal justice act 2003
-D pleads guilty there will be reduction in sentencing, 1/3
-pre sentence report from probation service

Question 4

What will Mag and Judge consider

Answer 4

-social background
-how serious
-weather offence was committed on bail
-religious or racial hatred
-impact on community
-venerability of victim

Question 5

Purpose of sentencing

Answer 5

s142 criminal justice act 2003
-punishment
-deterrence
-reform and rehab
-protection of public
-reparation

Question 6

Guidelines

Answer 6

-there to help mag and judges
-set by sentencing council since criminal justice act 2003

Question 7

Sentencing divided into categories

Answer 7

-custodial for most serious
-community for punish and prevent
-fines for less serve
-discharge when experience of court is enough punishment

Question 8

Custodial sentence 1

Answer 8

Mandatory sentence
-only sentence available for murder
-minimum served before realise on licence can range from 12yrs to life
-whole life for very serious

Question 9

Custodial sentence 2

Answer 9

Discretionary sentence
-fixed maximum, judge had discretion
Interdetrmine sentence
-courts set minimum time to serve before eligible for parole board
-no guaranteed release

Question 10

Custodial sentence 3

Answer 10

Suspended sentence
-sentence between 14days and 2yrs
-then courts suspend it for up to 2yrs
-if the offender stays out of trouble and doesn’t offend, sentence not served

Question 11

Community sentence

Answer 11

-combines punishment/retribution with activities carried out for the community
-CJA 2003 created one community order
-unpaid work etc

Question 12

Fines

Answer 12

-June 2022 fines made up 78% of all sentences
-amount of fine is set after considering Ds means to pay and seriousness of offence

Question 13

Discharge

Answer 13

-conditional or absolute
-offender still has criminal record but no further punishment
R v Whitehead
3 year period that no other offence will be committed

Question 14

Aggravating and mitigating factors

Answer 14

-factors that make the offence seem worse
-or factors that make the act seem for excusable