sentencing act 2020. Flashcards
(28 cards)
what is the purpose of sentencing.
s.57 sentencing act.
punishment
reduction by deterrent.
justice for the victim
protection of the public.
reparation
reform and rehabilitation.
what is the crown courts sentencing power.
they are able to fine as much as they want within sentencing guidelines and unlimited common law sentence.
what is the magistrates court powers.
they have a maximum of 6 months sentencing power for one crime but two or more is 12 months and they are limited in their fines.
assessing the seriousness culpability and harm of offences. s.63 sa 2020
I- harm caused
ii- harm could have potentially caused
iii- was intended to cause.
assessing offences seriousness statutory aggravating factors.
offences whilst on bail s.64
previous c convictions s.65
can also be the nature of the offence or the time that has passed between relevant previous convictions.
what factors include hostility s.66 sa 2020.
disability
transgender identity
religious identity
sexual orientation
racial hostility.
does not apply if the offence itself was related to racial or religious factors.
what are some alternative aggravating factors.
s.67-72 sentencing act.
assaults on emergancy workers
using minors to hide weapons
controlled drugs near school distribution
terrorist connections.
supply of psychoactive substances in certain circumstances.
reduction in sentence for guilty plea.
1/3 of sentence earliest opportunity
1/4 at first stage of proceedings
1/10th first day of trial door of the trial.
factors with higher culpability
planning the offence
in a group of gang
professional offending
offending for financial Gail
high profit
offending on bail
failure to correspond to warnings.
abust of trust
pre cons
targeting vulnerable or minorities.
violence of damage.
higher harm.
multiple victims
effect on the victim
property value to victim vulnerability to the victim.
psychological or physical effect on the victim.
factors of lower seriousness.
mental disability or condition
minor role in the offence
financial need and not greed.
exceptional degree of provocation.
factors of lower harm.
low property value
impact of victim
victim of violence pre cons for violence.
what type of sentences are available.
imprisonment
fines
community orders
compensation orders
discharges
ancillary matters.
ancillary orders.
imposed in addition to the main sentence.
restraining orders
confiscation
driver disqualification
sex offenders list.
criminal behaviour orders
imposing custodial prison sentence. s.230 sa 2020.
if a fine and community order is not good enough then prison is the last resort.
included suspended prison sentences.
above test is satisfied even shortest time commensurate with the seriousness of the offence s.231(2) sa 2020
life sentence.
these are for offences like murder there is a mandatory life sentence on murder
when the court pass a life sentence there needs to be a minimum sentence to serve unless there is a whole life order (s.321 sa 2020) made.
release on license. s.244 cha 2003.
if sentences more than 12 months custody a fixed term half can be served in prison and half outside of the prison.
eg those with a 7 year stay on sexual offences must serve a minimum of 2/3 years of sentence.
special arrangements for those with terrorist connections.
pick and mix community orders.
Unpaid work 40-300 hours
Activity up to 60 days
Prohibited activity.
Curfew and tag 2-12 hours a day up to 6 months. Gps tags.
Mental health treatment
Residence
Drug rehabilitating.
Supervision
Attendance centre u25
Exclusion from certain areas.
fines.
most common form of punishment
crown court unlimited
magistrates subject to max limits.
rich pay more fines.
can be instalments of deducted from earning.
can be imposed in addition to sentence.
compensation.
Payable for any personal injury loss of damage suffered by victim.
Court must consider making compensation order where it has the power to do so.
Court must give reasons if compensation is not ordered.
absolute discharge.
conviction is enough and no further punishment is needed.
conditional discharge.
subject to a requirement not to offence for a specified period mot more than 3 years.
Can be resentenced in convicted of another offence in a specified period
costs.
If convicted the defendant may have to pay some or all of the prosecution legal costs even if in receipt of legal aid
Means tested defendants do not usually have to pay defence costs.
An acquitted defendant may have their costs paid out of central funds or by the prosecution.
The court must take into account the accused’s ability to pay.
Can pay in instalments if unable to pay in one payment.
prosecutors role in sentencing.
outline
aggravating or mitigating factors
victim personal statements
impact on community.
consult any statutory provisions.
try to prove that the defendant did what they are accused of.
effect on the community.
matters relating to ancillary orders
challenge any assertions made by the defence.
