Sentencing Flashcards
Sentencing (20 cards)
Describe the
Punishment aim of Sentencing.
R v Coonan + Example
Apart of the Aims of sentencing exam question.
- Punishes the offender for their behaviour
- Proportional Sentence to the crime committed.
- An example is a , whole life order for someone who murdered.
R v Coonan - Judge used punishment aim, by giving him 13 life sentences for the 13 people he killed.
Describe the
Deterrence aim of Sentencing.
2 Examples + R v Carter + R v Blackshaw
Apart of the Aims of sentencing exam question.
- Deters people from undertaking criminal behaviour.
Individual Deterrence
* Individual is given a unsuaully harsh sentence to deter them from re-offending.
* An example is, A lengthy prison sentence, or hefty fine.
R v Carter - 16 month setence for theft to deter.
General Deterrence
* Courts give offender a harsh sentence to deter rest of society from committing crimes that are similar.
* An example is, a driving ban for drink drivers.
R v Blackshaw - Judge gives four year sentence to deter others from similar crimes in riots.
Describe the
Rehabilitation aim of Sentencing.
1 Example
Apart of the Aims of sentencing exam question.
- Aims to change offenders behaviour, and tackle reason on why they committed the crime.
- Sentence reforms them so they don’t re-offend
- An example is, alcohol or drug rehabilitation programs.
Describe the
Reparation aim of Setencing.
1 Example
Apart of the Aims of Setencing exam quesion.
- D repays V, or society for crime they committed.
- Reinforces the principle of Restitution.
- An example is, paying money to V or doing unpaid work.
Describe the
Protection of the Public aim of Sentencing
1 Example + R v Winkler
Apart of the Aims of sentencing exam question.
- Principle that the public needs to be protected from dangerous offenders.
- An exmaple is, prohibiting an activity or going to an area for the D.
R v Winkler - Imposed a banning order from going to football matches to protect the public.
Describe
Sentencing Factors in general.
No Example needed. S.63 of Setencing Act 2020
Apart of the Sentencing factors exam question.
- A factor of the crime that the judge will take into account when it comes to determing the correct proportional sentence for the D.
S.63 of Setencing Act 2020 - Lists these factors.
Describe
Aggravating Factors
Provide Examples
Apart of the Sentencing factors exam question.
Factors that are more aggravating, and justify giving the D a higher sentence.
- Use of Weapon
- Vulnerability of V
- No Remorse
- Previous Convictions
- Gang Attacks
- Protected Characteristic motivated crime
- Un-Co-operation with Police
Describe
Mitigating Factors
Provide Examples
Apart of the Sentencing factors exam question.
Factors that are more mitigating, and justify giving the D a lesser sentence.
* No Use of Weapon
* Age of D
* Remorse / Early Guilty Plea
* First Conviction
* Minor Role in Crime
* Mental Illness
* Co-operation with Police
Describe
Custodial Sentences in general.
Mention S221-232, and S230 of Setencing Act 2020
Apart of the Custodial sentences exam question.
- Offender is sent to prison and lose their liberty.
- Last resort for youth offenders, only used for serious offences.
- Courts give reason for imposing this.
S.221-232 of Setencing Act 2020 - Governs custodial setences, with definitions, limits and powers.
S.230 of Setencing Act 2020 - Court must not pass unless "offence is so serious that a fine or community sentence can't be justified."
Describe
Mandatory Life Sentence
Mention Setencing Act 2020 and LASPO act, S.224(A),
Apart of the Custodial sentences exam question.
- Only sentence for murder.
- Judge imposes a mininum term before eligible for release on license.
- Offences that are serious like murdering two or more people or a child is given, whole life term. The starting point will be 30 years, if D killed a prison/police office.
Governed by Sentencing Act 2020
LASPO Act 2012 - S.224(A) - Can be imposed for offences that are a second violent or sexual offences.
Describe
Discretionary Life Sentence
Give examples.
Apart of the Custodial sentences exam question.
- Judge with discretion, gives this for offences like, Manslaughter, Robbery and Rape.
- Judge doesn’t have to impose this sentence and can give a lesser sentence.
Describe
Fixed Term Sentence
Mention Crime and Disorder Act 1998
Apart of the Custodial sentences exam question.
- Sentence for a set number of years which is dependent on the factors of a crime.
- Most get released after half of their sentence.
Crime and Disorder Act 1998 - Early release from prison, if a curfew condition such as Home Detention is imposed and enforced such as by electronic tagging.
Describe
Extended Sentence
Mention S.254 of Sentencing Act 2020
Apart of the Custodial sentences exam question.
- D gets custodial sentence and further period where they are at liberty but on license.
- Can’t extend 10 years for a sexual offence, and 5 years for a violent offence.
S.254 of Setencing Act 2020 - Gives court power to pass an extended sentence in these cases.
Describe
Non-Custodial Sentences in general.
Apart of the Non Custodial sentences exam question.
- Setences that don’t include inprisonment
Describe
Fines
Unlimited Fine
Apart of the Non Custodial sentences exam question.
- Most common sentence given by courts.
- Magistrates can give up to an unlimited fine depending on the type of offence that has been committed.
Describe
Discharges
Both and S.80 and then S,79 of Setencing Act 2020
Apart of the Non Custodial sentences exam question.
Conditional Discharge
* No further action is taken until another offence is committed.
S.80 of Setencing Act 2020 - If another crime is committed, courts impose another punishment.
Absolute Discharge
S.79 of Setencing Act 2020 - No further action taken at all, rarely used.
Describe
Community Orders in general.
S.201 of Sentcing Act 2020 -
Apart of the Non Custodial sentences exam question.
- Judge or Magistrates, mix and match requirement to match the needs of D.
S.201 of the Sentencing Act 2020 - Lists the possible community orders to impose on a offender.
Describe
Unpaid Work Community Order
Apart of the Non Custodial sentences exam question.
- D works 40-300 hours on project organised by Probation Service.
- Hours are set by court and done in 8 hour shifts,
Describe
Curfew Requirement Community Order
Apart of the Non Custodial sentences exam question.
- D remains at fixed address, for 2 to 16 hours, in a 24-hour period.
- Can be enforced by electronic tagging.
Describe
Drug Rehabilitation Community Order
Apart of the Non Custodial sentences exam question.
- D is put on a drug treatment programme.
- Aims to reduce drug related offences.
- Lasts for 6 months to 3 years.
