Sentencing

Question 1

The Sentencing Act 2020 says that custodial sentences can only be imposed if:

Answer 1

The offence is so serious that neither a fine or community sentence is enough

Question 2

What is a life sentence?

Answer 2

Offender may theoretically spent the rest of their life in custody. However when a judge gives a life sentence, they must also set a tariff for the life sentence

Question 3

During a life sentence, if D is released they will be out on license. What does this mean?

Answer 3

Offender is out of prison, but may have to comply with various conditions

Question 4

What is the maximum tariff for a life sentence?

Answer 4

Whole life order. E.g R v Letby, R v Couzens

Question 5

What kind of offence receive a whole life tariff?

Answer 5

•murder of a child where there was a sexual motive
•murder for ideological reasons

Question 6

What is the difference between mandatory life sentence and a discretionary life sentence?

Answer 6

Mandatory: judge must give the life sentence

Discretionary: judge can choose to impose a life sentence

Question 7

What is a fixed term sentence?

Answer 7

•Fixed term sentences are where a judge will set a fixed period of time that the defendant will serve. •Usually, an offender will serve half of this time in prison and half outside of prison on license.

Question 8

What is a suspended sentence?

Answer 8

•The offender will not go to prison immediately, but is essentially put straight on license for the duration of their sentence.
•If the offender re-offends or breaches the conditions in this time, then they will have to serve the remaining time of their sentence in prison
• A suspended sentence can only be given for a sentence up to two years in length

Question 9

The Sentencing Act 2020 : Community Sentences

Answer 9

Allows the court to give someone a community order which may have a variety of different conditions placed on it. The aim of these is to best address the causes of the offending for that offender

Question 10

Unpaid work requirement

Answer 10

Requires the offender to carry out between 40 and 300 hours of unpaid work. The sort of work will be painting schools, gardening at old peoples homes, cleaning walls and fences of graffiti

Question 11

Curfew requirement

Answer 11

Required to stay at a particular address for between 2-16 hours in any 24 hour period. This can be enforced by electronic tagging and can last for a period of 6 months

Question 12

Programme requirement

Answer 12

Required to attend an anger management programme as set out by the Probation Service to address the offender’s inability to lose his temper

Question 13

Drug/alcohol treatment

Answer 13

Required to attend a rehabilitation clinic to help deal with their addiction. Designed to reform and reeducate the offender so that they do not reoffend

Question 14

Prohibited activity requirement

Answer 14

Required to stop doing things such as carrying spray paint, wearing a hoodie, meeting particular people, going to certain locations

Question 15

Fines

Answer 15

•most common way of dealing with a case in mags
•since March 15 mags and Crown do not have a maximum limit
•fine will depend on offenders financial means

Question 16

What classification of offence would be most likely to be punished by a fine?

Answer 16

Summary offences e.g speeding

Question 17

To whom is a fine paid to?

Answer 17

The State

Question 18

Conditional discharge

Answer 18

•Court releases offender on the condition that no further offence is committed for a period up to 3 years
•if offender does re-offend the court can impose a sentence to replace the conditional discharge for the original offence and also a new sentence for the new offence

Question 19

When may a conditional discharge be used?

Answer 19

First time offenders of minor crimes

Question 20

Absolute discharge

Answer 20

No punishment is imposed. Used is the court decides that D has technically broken the law but is morally blameless

Question 21

When may an absolute discharge be used?

Answer 21

Extenuating circumstances

Question 22

The Sentencing Act 2020 sets out a list of factors …

Answer 22

Which will be considered to make an offence more serious and therefore the defendant more blameworthy.

Question 23

What are the aims of sentencing under The Sentencing Act 2020

Answer 23

•Reducing crime
•punishment
•making reparations
•reform and rehabilitation
•public protection

Question 24

What is the main aim of deterrence in sentencing?

Answer 24

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

Deterrence can be categorized into individual and general deterrence.

Question 25

What are the two kinds of deterrence?

Answer 25

* Individual deterrence * General deterrence ## Footnote Individual deterrence aims to prevent the specific offender from re-offending, while general deterrence aims to discourage others from committing crimes.

Question 26

How is deterrence best achieved according to the Sentencing Act 2020?

Answer 26

Through unpleasant sentences such as custodial sentences or unpaid work. ## Footnote These types of sentences make the punishment visible to deter others.

Question 27

What is the aim of public protection in sentencing?

Answer 27

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

Question 28

Define 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 It emphasizes that the severity of the punishment should correspond to the seriousness of the offense.

Question 29

What type of sentence is suggested for murder under the principle of retribution?

Answer 29

A life sentence ## Footnote This reflects the belief that the punishment should equate to the loss of life.

Question 30

What does rehabilitation aim to achieve?

Answer 30

To reform an offender into a productive member of society. ## Footnote Community sentences are particularly effective in achieving rehabilitation.

Question 31

How do community sentences contribute to rehabilitation?

Answer 31

By providing help for issues such as substance abuse and building links within the community. ## Footnote This approach focuses on addressing the root causes of criminal behavior.

Question 32

What is reparation in the context of crime?

Answer 32

The concept of compensating for a crime. ## Footnote This can involve returning stolen items or paying compensation through fines or unpaid work.

Question 33

What are aggravating factors?

Answer 33

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

Question 34

What are mitigating factors?

Answer 34

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

Question 35

Who sets out examples of relevant aggravating and mitigating factors?

Answer 35

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

Question 36

What is the purpose of the Sentencing Council?

Answer 36

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

Question 37

What is the role of pre-sentence reports?

Answer 37

Prepared by the probation service to give details on the offender’s background and suitability for a community order.

Question 38

When does the court request a medical report?

Answer 38

When an offender has physical or psychiatric issues.

Question 39

What does a medical report help the court decide?

Answer 39

Which sentence may be appropriate.

Question 40

Fill in the blank: Aggravating factors can include showing no _______.

Answer 40

remorse

Question 41

True or False: Mitigating factors always increase a sentence.

Answer 41

False