Sentencing

Question 1

What is a custodial sentence?

Answer 1

A custodial sentence means going to prison.

It is the most serious type of sentence.

Question 2

When should custodial sentences be used according to the Sentencing Act 2020?

Answer 2

Custodial sentences should only be used when other sentences would be insufficient.

This emphasizes the seriousness of custodial sentences.

Question 3

What is a mandatory life sentence?

Answer 3

A mandatory life sentence is for murder, where the judge sets a minimum ‘tariff’ before the offender can be released on licence.

This means that the offender must serve a minimum period before being eligible for release.

Question 4

What are fixed term sentences?

Answer 4

Fixed term sentences are where the offender is given a set time to serve and is usually released on parole after half of this time.

This is the most common type of custodial sentence.

Question 5

What is a suspended sentence?

Answer 5

A suspended sentence allows the offender to serve their sentence outside of prison but will serve it in prison if they re-offend within that time.

This type of sentence provides a chance for rehabilitation.

Question 6

What does the Sentencing Act 2020 allow the court to impose besides custodial sentences?

Answer 6

The court can impose a community order with different requirements.

These requirements can include unpaid work, rehabilitation sessions, or curfews.

Question 7

What are fines used for?

Answer 7

Fines are used for less serious crimes, often summary offences.

Fines involve paying money to the state.

Question 8

What is the maximum limit on fines as of 2015?

Answer 8

There is no maximum limit on fines since 2015.

However, fines will consider the means of the offender.

Question 9

What are discharges in the context of sentencing?

Answer 9

Discharges mean the offender is released and receives no formal punishment.

There are two kinds: conditional and absolute.

Question 10

What is a conditional discharge?

Answer 10

A conditional discharge allows the offender to avoid a sentence provided they do not re-offend within a 3-year period.

This offers a chance for the offender to rehabilitate without punishment.

Question 11

What is an absolute discharge?

Answer 11

An absolute discharge occurs when the offender is found guilty of a crime but is considered morally blameless and not deserving of punishment.

This reflects a legal acknowledgment of guilt without punitive consequences.

Question 12

What is a custodial sentence?

Answer 12

A custodial sentence means going to prison.

Custodial sentences are the most serious types of sentences and are imposed when other sentences are deemed insufficient.

Question 13

Under what circumstances should custodial sentences be used according to the Sentencing Act 2020?

Answer 13

Custodial sentences should only be used when other sentences would be insufficient.

This highlights the seriousness of custodial sentences.

Question 14

What is a mandatory life sentence?

Answer 14

A mandatory life sentence is given for murder, with the judge setting a minimum ‘tariff’ for parole eligibility.

The tariff is the minimum period that must be served before the individual can be considered for release on licence.

Question 15

What is a whole life order?

Answer 15

A whole life order is imposed for very serious cases, such as R v Letby.

It means the individual will spend the rest of their life in prison without the possibility of parole.

Question 16

What happens if a person released on licence breaches their conditions?

Answer 16

They will return to serve the rest of their sentence in custody.

Compliance with licence conditions is critical for released individuals.

Question 17

What are discretionary life sentences?

Answer 17

Discretionary life sentences allow a judge to impose a life sentence but possibly set a lesser fixed term sentence.

These are typically for serious crimes like manslaughter and child destruction.

Question 18

What characterizes fixed term sentences?

Answer 18

Fixed term sentences involve a set time to serve, with potential release on licence after half the time served.

These are the most common type of sentence.

Question 19

What is a suspended sentence?

Answer 19

A suspended sentence allows a person to serve time outside prison under conditions, but they will go to prison if they re-offend or breach conditions.

Suspended sentences can only be given for up to 2 years.

Question 20

Fill in the blank: A mandatory life sentence is given for _______.

Answer 20

[murder]

Question 21

True or False: A whole life order allows for parole eligibility.

Answer 21

False

A whole life order means no possibility of parole.

Question 22

What is the maximum duration for which a suspended sentence can be given?

Answer 22

Up to 2 years.

Question 23

What is the main aim of sentencing according to the Sentencing Act 2020?

Answer 23

To prevent crime/deterrence, protect the public, provide retribution/punishment, facilitate rehabilitation, and ensure reparation

DPPRR

These aims shape the approach and philosophy behind sentencing decisions.

Question 24

What is the purpose of deterrence in sentencing?

Answer 24

To reduce crime by ‘scaring’ potential offenders with the prospect of punishment

Deterrence can be individual or general.

Question 25

What is individual deterrence?

Answer 25

Imposing a harsh sentence on D to put them off re-offending in the future ## Footnote This approach focuses on the specific offender.

Question 26

What is general deterrence?

Answer 26

Imposing a harsh sentence on D to send a message to others and stop them from offending themselves ## Footnote This aims to influence the behavior of the general public.

Question 27

What does the protection of the public aim to achieve?

Answer 27

To ensure that dangerous offenders cannot do further harm to society ## Footnote This is often achieved through custodial sentences.

Question 28

What is retribution in the context of sentencing?

Answer 28

The belief in matching the punishment to the crime, similar to 'an eye for an eye' ## Footnote This concept aligns punishment with the severity of the offense.

Question 29

What is the goal of rehabilitation in the sentencing process?

Answer 29

To reform an offender into a productive member of society ## Footnote Community sentences are particularly effective for this aim.

Question 30

How do community sentences contribute to rehabilitation?

Answer 30

By ensuring offenders receive help for issues such as substance abuse and building links within their community ## Footnote This support helps integrate offenders back into society.

Question 31

What is the concept of reparation in sentencing?

Answer 31

Compensating for a crime, such as returning stolen items or paying an amount equal to what was taken ## Footnote This aims to address the harm caused by the offense.

Question 32

Fill in the blank: The Sentencing Act 2020 emphasizes _______ as a means to prevent crime.

Answer 32

[deterrence]

Question 33

True or False: General deterrence focuses on preventing a specific individual from re-offending.

Answer 33

False ## Footnote General deterrence aims to influence the behavior of the public at large.

Question 34

What are aggravating factors?

Answer 34

Things that increase D's sentence ## Footnote Examples include showing no remorse, having previous convictions, and targeting a vulnerable victim.

Question 35

What are mitigating factors?

Answer 35

Things that reduce the sentence ## Footnote Examples include pleading guilty, trying to make amends, and being a first-time offender.

Question 36

Who sets out examples of relevant aggravating and mitigating factors?

Answer 36

The Sentencing Council ## Footnote They also provide different starting points a judge may arrive at based on the crime.

Question 37

What is the purpose of the Sentencing Council's guidelines?

Answer 37

To help the public better understand how crimes are sentenced and improve consistency of sentencing.

Question 38

What is a pre-sentence report?

Answer 38

Prepared by the probation service, it gives details on the offender's background and suitability for a community order.

Question 39

When does the court request a medical report?

Answer 39

When an offender has physical or psychiatric issues ## Footnote This is to decide which sentence may be appropriate.