Sentencing- ELS (1)

Question 1

What is an aggravating factor

Answer 1

factors of the case that are likely to increase the sentence. They make the offence committed worse

Question 2

What are mitigating factors

Answer 2

Factors of the case that are likely to decrease the sentence. They make the crime less bad

Question 3

Examples of aggravating factors…

Answer 3

-use of weapon
-vulnerability of the victim
-no remorse
-previous convictions
- racially motivated crimes
-gang attacks

Question 4

Examples of mitigating factors…

Answer 4

-age of D
-no previous convictions
-entering an early guilty plea
-showing remorse
-mental illness of the D
-minor role in crime
-co-operating with police

Question 5

Name the 5 aims of sentencing

Answer 5

-protection of the public
-punishment
-reparation
-rehabilitation/reformation
-deterrence(general and individual)

Question 6

What does retribution mean

Answer 6

concept in justice that focuses on punishment for wrong doing

Question 7

What does reparation mean

Answer 7

making amends for harm caused

Question 8

what is deterrence

Answer 8

concept in criminal justice that aims to prevent people from committing crimes by making them fear consequences

Question 9

what is rehabilitation

Answer 9

aim to reform the offender and rehabilitate them into society

Question 10

explain protection of the public(aim)

Answer 10

-offender is made incapable of committing further crime
-society is protected from crime
examples include long prison sentence, tagging or a banning order

Question 11

Whats a custodial sentence

Answer 11

a sentence of imprisonment for a period of time set by the court

Question 12

What is a non custodial sentence

Answer 12

an alternative to a prison sentence. This could involve a fine or a requirement to do a community service.

Question 13

What is the protection of the public case study

Answer 13

R.V Wrinkler

Question 14

which act sets out the aims of sentencing

Answer 14

criminal justice act 2003

Question 15

Name the 4 custodial sentences

Answer 15

-mandatory life sentence
-discretionary life sentence
-fixed term sentence
-extended sentences

Question 16

Name the 8 non-custodial sentences

Answer 16

-fines
-discharges
-community orders
-unpaid work
-curfew requirement
-drug rehabilitation
-attendance centre
-prohibited activity

Question 17

Whats an absolute discharge

Answer 17

offender is found guilty but doesn’t have any punishment

Question 18

what is a conditional discharge

Answer 18

offender avoids jail time but must follow certain rules for a set period.

Question 19

whats a fine

Answer 19

Sum of money that must be payed back as a penalty
most common sentence given in the Magistrates court.
Found in section 118-132 of the sentencing act 2020

Question 20

what is unpaid work

Answer 20

the offender must work between 40-300 hours.
the hours are fixed by the court and served in 8 hour shifts.

Question 21

what is a curfew requirement

Answer 21

The offender is ordered to remain at a fixed address for between 2 and 16 hours in any 24hr period.
enforced through electronic tagging

Question 22

what is drug rehabilitation

Answer 22

this provides the offender with fast access to a drug treatment program and aims to reduce drug-related offending behaviour.
The offender is given a treatment plan lasting between 6 months and 3 years.

Question 23

what is an attendance centre

Answer 23

the offender spends between 12-36 hours at one of these centres over a set period(max 3 hours per day)
its an opportunity to address the offending behaviour in a structured group setting

Question 24

what is prohibited activity

Answer 24

this prevents the offender from taking part in a number of activities. aims to prevent the offender from committing another similar crime

Question 25

whats community orders

Answer 25

must complete certain tasks or activities, like unpaid work, attending programs, or staying under supervision in the community.k

Question 26

what is a mandatory life sentence

Answer 26

a judge must impose a mandatory life sentence when found guilty of murder. starting point of 25 years fixed by law

Question 27

whats a discretionary life sentence

Answer 27

is a prison term of life imprisonment that is not fixed by law for specific offenses, but rather imposed by a judge at their discretion. This means that while life imprisonment is a potential outcome for certain serious crimes, such as manslaughter or rape, it's not mandatory and depends on individual circumstances

Question 28

whats a fixed term sentence

Answer 28

is a prison sentence where the offender serves a specific number of years, like 5 or 10 years. The length of time is decided by the judge and doesn't change.

Question 29

whats an extended sentence

Answer 29

is a prison sentence that includes both a fixed term (a set number of years) and an additional time period spent on license (supervision) after release. given to offenders who are considered dangerous, meaning they might be kept in prison longer even after serving the fixed part of the sentence.