Sentencing

Question 1

What statutory provision sets out the aims of sentencing?

Answer 1

S142 CJA 2003

Question 2

What are the 5 aims of sentencing?

Answer 2

Punishment of offenders
Reduction of crime
Reform and rehabilitation
Protection of the public
Reparation by offenders to victims

Question 3

what 6 types of sentence are available?

Answer 3

Imprisonment
Suspended imprisonment
Community orders
Fines
Compensation Orders
Discharges - conditional and unconditional

Question 4

What are ancillary orders?

Answer 4

Things added to your main sentence

Question 5

Give 3 examples of ancillary orders

Answer 5

Restraining order
restitution order
confiscation order

Question 6

What is the magistrates court max sentencing power for one offence?

Answer 6

6 months and an unlimited fine

Question 7

What are the magistrates court max sentencing power for 2 or more either way offences?

Answer 7

12 months and unlimited fine

Question 8

When was the unlimited fine introduced for the magistrates court?

Answer 8

March 2015

Question 9

Which statutory provision previously capped magistrates fines to £5000

Answer 9

s85 LAPSO Act 2012

Question 10

How does the court decide the seriousness of the offence?

Answer 10

Culpability and harm

Question 11

Which statutory provision says culpability and harm will be taken into account?

Answer 11

S143 CJA 2003

Question 12

What is the relation between the seriousness of the offence and the sentence an individual will receive?

Answer 12

The higher the seriousness the more severe the sentence

Question 13

What does culpability mean?

Answer 13

How blameworthy are you for the offence?

Question 14

What will be considered aggravating features when assessing seriousness?

Answer 14

Relevant previous convictions

offending on bail

Question 15

Which statutory provision sets out aggravating features?

Answer 15

s143(2) CJA 2003

Question 16

Which statutory provision says the court must consider ‘credit’ for a guilty plea?

Answer 16

s144 CJA 2003

Question 17

Give four factors indicating higher culpability

Answer 17

planning an offence
offending for financial gain
targeting the vulnerable
abuse of trust
relevant pre cons

Question 18

Give 3 examples of factors indicating higher harm

Answer 18

Multiple victims
serious physical or psychological effect on the victim
vulnerability of victim

Question 19

Give 4 examples of factors which mitigate culpability

Answer 19

Exceptional degree of provocation
mental illness or disability
minor role in the offence
financial need rather than greed

Question 20

Give 3 examples of factors which will mitigate the level of harm

Answer 20

low value of property stolen/damaged
limited impact on victim
victim of violence has pre-cons for violence

Question 21

What statutory provision covers the custody threshold test?

Answer 21

s152 CJA 2003

Question 22

What question does the custody threshold test ask?

Answer 22

is the offence so serious that neither a fine nor community penalty is justified?

Question 23

What must custody be?

Answer 23

The only option

Question 24

How long should a person remain in custody for?

Answer 24

The shortest time commensurate with the seriousness of the offence

Question 25

Which statutory provision covers how long imprisonment should last?

Answer 25

CJA s142

Question 26

What happens if a person is sentenced to more than 12 months?

Answer 26

They serve half of the term in prison and the rest on licence

Question 27

How long can a prison sentence between 14 days and 2 years be suspended for?

Answer 27

6 months minimum and 2 years maximum

Question 28

Which statutory provision sets out the community order threshold?

Answer 28

S148 CJA 2003

Question 29

What question does the community order threshold ask?

Answer 29

Is an offence serious enough to justify a community sentence?

Question 30

What is the maximum duration of a community order?

Answer 30

3 years

Question 31

What does the court have to choose from when issuing a community order?

Answer 31

A menu of requirements to choose from

Question 32

give four examples of requirements the court may choose to issue as part of the community order

Answer 32

Unpaid work Activity Prohibited activity curfew and tag

Question 33

What are the parameters for unpaid work the court may set?

Answer 33

between 40-300 hours

Question 34

What is the maximum an activity requirement can last?

Answer 34

Up to 60 days

Question 35

How long can curfew and tag last?

Answer 35

2-12 hours a day for up to 6 months

Question 36

Which is the most common form of punishment?

Answer 36

Fines

Question 37

What will the court take into account when issuing a fine and what does this mean?

Answer 37

Ability to pay means the rich pay more

Question 38

What is a conditional discharge subject to?

Answer 38

a requirement not to offend for a specified period

Question 39

What is meant by an absolute discharge?

Answer 39

punishment is not necessary, the fact of conviction is sufficient

Question 40

What is victim surcharge used to fund?

Answer 40

Victim services

Question 41

if convicted, what might the defendant have to pay?

Answer 41

The prosecution legal costs, even if they are in receipt of legal aid

Question 42

What may an acquitted defendant have their costs paid by?

Answer 42

Central funds, or by the prosecution

Question 43

what does s125 CJA say?

Answer 43

The court has a duty to follow sentencing guidelines unless it is contrary to the interests of justice.