Sentencing

Question 1

Retribution

Answer 1

It’s aim is to punish the offender - the person has knowingly done wrong and should therefore be punished

Question 2

Rehabilitation

Answer 2

Helps offender solve their issues that lie behind his or her criminal behaviour - they should avoid committing further offences - anger management classes

Question 3

Reparation

Answer 3

The offender should ‘make amends’ for their crime - usually they will carry out work in the community or by paying financial compensation - should encourage offender to accept responsibility

Question 4

Deterrence

Answer 4

Punish criminals in order to deter people from reoffending and thus reducing the number of crimes committed

Question 5

Denunciation

Answer 5

Society expresses its outrage towards the behaviour of the individual and condemns it - convicted shoplifters are made to stand outside of a shop they have stolen from with a sign proclaiming that they have stolen from there

Question 6

Protection the public

Answer 6

The idea that prisons remove dangerous criminals from public domain by restricting their liberty

Question 7

Under the CJA would can the court do?

Answer 7

Pass a custodial sentence if they think that the offence was serious that neither a fine alone nor a community sentence can be justified for it

Question 8

What is a mandatory sentence?

Answer 8

The only sentence that can be passed for murder is life imprisonment

Question 9

What lays down minimum sentences for some crimes?

Answer 9

The powers of criminal courts (sentencing) act 2000

Question 10

What is the minimum sentence for class A drug trafficking?

Answer 10

7 years

Question 11

What is the minimum sentence for a third conviction of domestic burglary?

Answer 11

3 years

Question 12

Who will be released after only serving half their sentence?

Answer 12

Those sentences to less than 4 years

Question 13

Who will have to serve 2/3 of their sentences?

Answer 13

Those will longer than 4 years

Question 14

What happens when someone is released?

Answer 14

They remain on licence for the remainder of their sentences

Question 15

Who can apply for parole?

Answer 15

Those sentenced to life

Question 16

In exceptional circumstances, how long may a suspended prison sentence vary?

Answer 16

6 months - 2 years

Question 17

What happens to the person if they have a suspended prison sentence?

Answer 17

Offender obliged to carry out work in community and must by commit any further offences during the time the Semtex is suspended

Question 18

What happens if the offender commits another crime while on a suspended prison sentence?

Answer 18

He or she will have to serve the sentence in prison

Question 19

As the end of Jan 2006, what was the prison population?

Answer 19

75,661

Question 20

Who showed the statistics of the prison population?

Answer 20

Home officer

Question 21

How may males where in prison?

Answer 21

71,305

Question 22

How may females were in prison?

Answer 22

4,356

Question 23

What % of those convicted will receive prison sentences?

Answer 23

7

Question 24

What % of community sentences are imposed in cases each year?

Answer 24

13%

Question 25

What is a community sentence?

Answer 25

A serious punishment but an alternative to prison

Question 26

At what age can someone be given a community sentence?

Answer 26

16 or over

Question 27

What is community sentences seem to more effective than?

Answer 27

Rehabilitating offenders rather than sending them to prison

Question 28

Under what act can a community offence be passed?

Answer 28

Under s.48 of the Criminal Justice act 2003

Question 29

When can a community sentence be passed?

Answer 29

If the offence is serious enough to warrant it

Question 30

Examples of community offences?

Answer 30

40-300 hours of unpaid work in the community (cleaning graffiti, collecting charity bag donations) Supervision by probation officer Treatment for alcohol addiction Curfew (offender to remain in a specified place)

Question 31

A fine?

Answer 31

Requires the offender to pay a financial penalty

Question 32

What can the Mags give a fine up to?

Answer 32

£5,000

Question 33

What is the max fine from a crown court?

Answer 33

There is no max

Question 34

What 2 factors must the court take into account when setting a fine?

Answer 34

The seriousness The financial means of the offender

Question 35

What % of fines are imposed in cases?

Answer 35

71%

Question 36

What is the most common sentence?

Answer 36

Fines

Question 37

What % of discharge is imposed in cases?

Answer 37

8%

Question 38

What is discharge?

Answer 38

When the D has been convicted of an offence but the court is of the opinion that punishment is necessary for some reason

Question 39

What are the 2 types of discharge?

Answer 39

Conditional Absolute

Question 40

What is conditional discharge?

Answer 40

No further action will be taken against him or her as he or she does not commit a further offence within a specified time period of up to 3 years

Question 41

What happens to someone who commits a further crime? (Conditional discharge)

Answer 41

They will be re-sentence for that offence as well as revising whatever sentence passed for the second offence

Question 42

What is absolute discharge?

Answer 42

The offender will have a criminal record but no further action will be taken

Question 43

What is a reparation order?

Answer 43

Intended to help young offender to understand the consequences off their offending and take responsibility for their behaviour

Question 44

Referral order?

Answer 44

If the young offender is in court for the first time and pleads guilty they may be given a referral order

Question 45

What is required in a referral order?

Answer 45

Youth offender panel

Question 46

What is the Youth offender panel made up of?

Answer 46

2 volunteers from local community and 1 from youth offending team