sentencing Flashcards
what are the four types of sentence
discharge
fines
community sentence
custodial sentence
what is the least serious sentence
a discharge being let go without any further punishment because the court experience has been enough
what are the two types of discharge
absolute discharge -no further punishment imposed at all
conditional discharge - if the d reoffends in a certain amount of time they can be sentenced for both
what is the most common sentence
a fine
in the magistrates court this is unlimited LASPO
in the crown court unlimited
community sentence- sentencing act 2020
court can mix and match to fit the needs of the offender
includes
unpaid work up to 300 hrs
prohibiting activities
imposing curfews
custodial sentence
reserved for the most serious offences
s.230 sentencing act 2020
so serious a fine alone nor a community sentence can be justified
what are the four types of custodial sentence
whole life order - v serious
mandatory life - murder
fixed term
suspended
what are the 5 aims of sentencing
punishment
protection of the public
reform and rehabilitation
reduction of crime (deterrence)
reparation
aggravating factors
previous convictions
the offence being religious or racially motivated
the victim being vulnerable
use of a weapon
premeditation
mitigating factors
no previous convictions
genuine remorse
1/3 reduction for a guilty plea
sentencing guidelines
produced by sentencing council
different levels of culpability and harm
determine the category and sentence range
pre sentence report
prepared by probation service
gives the court an insight into the defendants life and whether they pose a threat to the public
what percent of adults reoffend in 2 yrs
55%
sargent
society must show its absolute abhorrence of particular types of crime
