Sentencing Flashcards
(39 cards)
What do judge and magistrates look at when passing sentences
Look at sentences available and also have to decide what they are trying to achieve. Section 142 of Criminal Justice Act 2003 sets out purposes of sentencing for over 18:
•punishment of offenders
•reduction of crime
What are the five things judges and magistrates look at when sentencing
section 142 of the Criminal Justice Act 2003:
- punishing offenders
- reduction of crime including deterrence
- reform and rehabilitation of offenders
- protecting the public
- making reparations to those affected by offenders actions ie community service
define retribution
imposing a punishment because the offender deserves it . Doesn’t seek to reduce crime or alter offenders future behaviour. Oldest form is eye for an eye
what are tariff sentences
based on today that sentences should have a certain tariff of sentencing. sentencing council makes guidelines for all main offence categories. Judges usually take notice of these and shouldn’t normally give a lower sentence than minimum in guidelines. Sentence. must be proportional to crime
What three offence categories are there and what are their criteria
Category 1: greater harm (serious injury must normally be present) and higher cupability
Category 2: greater harm with usually a serious injury present but lower culpabilty OR lesser harm and higher culpability
Category 3: less harm and lower culpability
what does starting point and category range mean
court uses corresponding starting points to reach sentence within the categories of 123. starting point applies to all offenders regardless of plea or other convictions.
what are the three categories with starting points and category range
category 1 SP: 1 year 6 months custody, CR:1-3 years custody
category 2 SP: 26 weeks custody CR: low level community order 51 weeks custody
category 3 SP: medium level community order CR: Band A high level community order
define deterrence and suitable punishment
individual: offender deterred through fear of further punishment
general: potential offenders warned off due to likely punishment
Suitable: prison sentence, heavy fine and long sentence as an example to others
define rehabilitation and suitable punishment
reform offenders behaviour
suitable: individualised sentence, community order
define public protection and suitable punishment
offender made incapable of committing crime, society is protected from crime
suitable: London prison sentences, tagging and banning orders
define reparation and suitable punishment
repayment and reparation to victims or community
suitable: compensation order, unpaid work, reparation schemes
define denunciation and suitable punishment
society expressing disapproval, enforces moral boundaries.
suitable: reflects blameworthiness of offence
whats a custodial sentence
crown court has unlimited sentencing powers and can pass any custodial length up to maximum for each offence.Power to give life imprisonment for serious offence like rape and manslaughter.
mags only have max of 6 months per offence for sentencing.
what are fines in crown and mags court
crown- unlimited power, no max limit to fines. Summary mags offences set in 5 different levels 1.) max 200 2.) max 500 3.) max 1k 4.)2500 max 5.) unlimited mags have to stay within limit
other powers in crown n mags
can use conditional discharge, compensation order, driving disqualification.
what is a custodial sentence
most serious imposable punishment, range for a few weeks to life in prison. Include mandatory life sentences, fixed term sentences and suspended sentences.
what act sets out guideline for custodial sentences and what does it say
Crim Justice Act 2003, and that shouldn’t be used unless offence was so serious that a ‘fine alone nor a community sentence can be justified’
Define a mandatory life sentence and its rules
only sentencing for murder. Judge can state min no. of impriosnment years that must be served until eligible for release.Min term governed by crime justice act 2003 which gives judges a clear starting point.range from full life term to down to 12 years depending on case facts
define discretionary life sentences and rules
For serious offences like s18 Offences against the person act 1861 max is life imprison but doesn’t have to be imposed. can give lesser sentences whee appropriate. For certain serious offences, life should be given if second offence
define fixed term sentences n rules
length depends on factors like max sentences available for that crime, seriousness and defendants track record. Imprisonment for set no of months or years is called a fixed term. Prisoners don’t serve whole length, automatically released after serving half. Offenders 21+ can be given imprisonment
whats the issue with prison populations
England n Wales prisons overcrowded. 10k in 1951 to about 85k in 2016
define suspended prison sentences and their rules
adult offender may be given ss of up to 2 years (6 in mags) which means doesn’t take affect immediately. If offender doesn’t commit a crime in this time then sentence not served, if they do then sentence is ‘activated’ and serves original sentence plus extra for new conviction. Only given where crime serious that immediate custodial sentence appropriate but exceptional circumstances that justify suspension.
define community order n their rules
Crim Jus Act 2003 created 1 community order under which court can combine any requirements thought necessary. Can be mixed n matched allowing to fit restrictions and rehabilitation needs of offender. Available aged 16 and over and full requirements set outings s 177 of cja2003 which says that 'a person aged 16 or over is convicted of an offence the court by or before which he is convicted may make an order imposing on him any one or more of the requirements. Meant to prevent further offences: a Unpaid work b Activity requirement C a program requirment d prohibited activity e curfew f exclusion g residence requirement h mental health treatment I drug rehabilitation j alcohol treatment k supervision requirement l attendance centre requirement (if under 25)
define unpaid work requirement
40-300 hours wrk for free on a suitable project organised by probation service.usually worked in 8 hour sessions an usually at weekends. work varies depending on what local probation service is running, can include painting school buildings or helping to build a play area
