sentencing Flashcards
(23 cards)
Who makes the sentencing guidelines?
sentencing council
what are the 5 aims of sentencing?
- punishment
- reduce crime
- rehabilitation
- reparation
- protect the public
What is the aim of punishment?
- punishment should fit the crime
- sentencing is based on tariffs
+ makes sentencing consistent
- little room for discretion and adaptation
What is the aim of rehabilitation?
- 1950’s was the first community service
- less likely for reoffenders
- take into account school reports, background, job prospects etc…
- requires individual sentences
- poor are discriminated against
- soft
What is the aim of reparation?
- compensation towards the victim to pay for court costs, property and criminal damage
What is the aim of reducing crime?
Individual deterrence: punish individual so they change their behaviour in the future.
- recidivism rate is 45% in the first year
General deterrence: making an example of the offender will put off other offenders because they don’t want the consequences
- needs publicity, doesn’t work with ideological offences
- offenders are more scared of getting caught than the consequences
What is the aim of protecting the public?
- protect public from violent or prolific offenders
- 71% of all violent crimes committed by 4% of the population
- if the offender is a significant risk to society they must be sent to jail
- long custodial sentences more effective
- < 12 months, 60% reoffend
- > 12 months 44% reoffend
- Extended determinate sentence introduced for serious sexual/violent crimes
What are the types of sentences?
- custodial
- community
- financial
- discharged
- forfeiture charge
- victim surcharge
What act and section does custodial sentences come under?
Sentencing Act s.221-232 2020
what is a custodial sentence?
- jail
- for the most serious offences
What are the types of custodial sentences?
- mandatory life sentence
- discretionary life sentence
- fixed term sentence
- suspended sentence
What is a mandatory life sentence?
- only sentence for murder
- judge chooses minimum service before release on parole ( full life - 12 years)
When does full life have to be given?
- murder of a child with abduction or sexual motive
- murder with political, ideological, racial or religious motive
- if second offence committed of serious nature; e.g. GBH & robbery)
What is a whole life order?
if offender is dangerous enough to the public they should never be released from prison: currently 75
What is a discretionary life sentence?
- max sentence life imprisonment but does not have to impose it
- discretion: a lesser sentence is imposed if possible
- life sentence for second offence of a serious nature
What is a fixed term sentence?
- maximum years, seriousness, previous convictions considered
- number of months or years then fixed
- over 21’s only
- serve half sentence (2/3 for terrorists) and then released on license
- parole board decide if release accepted
- conditions on parole set
What is a suspended sentence?
- only used on sentences between 14 days and 2 years
- sentence doesn’t take effect immediately
- if no further offence committed then sentence not served
- if offence committed then both offences sentenced
What is a community sentence?
What factors can affect the sentence?
- the offence
- previous convictions and background
- pre-sentence report
- sentencing guidelines
What are aggravating factors?
Factors that will increase the sentence
What are some examples of aggravating factors?
- previous convictions of a similar nature
- involvement of racial or religious hostility
- vulnerable victim
- use of a weapon/repeated attacks
What are mitigating factors?
Factors that will decrease the sentence
What are some examples of mitigating factors?
- D very young or old
- D is a vulnerable offender
- guilty plea (reduction of 33% for first instance, 25% before trial, 10% when trial starts)
