Sentencing

HideShow resource information
View mindmap
  • Sentencing
    • Custodial Sentences- most serious punishment a court can impose
      • Section 152 of the Criminal Justice Act 2003 says the court must not pass a custodial sentence unless it is of the opinion that the offense 'was so serious that neither a fine alone or community sentence can be justified
  • Mandatory and discretionary life sentences
    • Custodial Sentences- most serious punishment a court can impose
      • Section 152 of the Criminal Justice Act 2003 says the court must not pass a custodial sentence unless it is of the opinion that the offense 'was so serious that neither a fine alone or community sentence can be justified
    • The only sentence for murder is a life sentence, the judge states a minimum number of years' imprisonment that the offender must serve before being eligible for release on license.
      • The Criminal Justice Act 2003 gives judges clear starting points for minimum period to be ordered.
        • Ranges from a full life sentence down to 12 years.
    • Cases which have a starting point of 30 years
      • the murder of a police or prison officer in the course of his duty
      • a murder using a firearm or explosive
      • the sexual or sadistic murder of an adult
      • a murder that is racially or religiously aggravated
    • once the judge has decided on the starting point of the sentence mitigating and aggravating factors are considered
    • For an offender under the age of 18 their sentence is 12 years
    • Discretionary sentences
      • For other serious offenses such as manslaughter, robbery and rape the maximum sentence is life imprisonment but the judge doesn't have to impose it
        • the judge has discretion in sentencting and can give a lesser offense where appropriate this could result in a fine or discharge.
  • Indeterminate sentences
    • Suspended sentences
      • the sentence doesn't take effect immediately.
        • The court will fix a time during which the sentence is suspended this can be for any period from 6 months upto 3 years and if the offender doesnt further commit in this time period then the prison sentence will not be served
          • However, if the offender does commit within the period of suspension then the prison sentence is 'activated' and the offender will serve that senctence together with any sentence for the new offense.
    • the defendants previous record
      • the length of the sentence depends on several factors:
        • the max sentence available for the particular crime
        • the seriousness of the crime

    Comments

    Alina

    this is amazing :3

    J Drabble

    A detailed, easy to read mind map - lots of relevant detail and well thought out.

    Similar Law resources:

    See all Law resources »See all Criminal law resources »