Penal system - sentencing
- Created by: Austen Poole
- Created on: 02-05-17 14:09
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- Sentencing
- Young offenders
- Young offenders institutes
- Aims - Reformation
- Fines
- Discharges
- Courses
- Community orders
- Aims
- Section 142 of the Criminal Justice act
- Retribution
- Punishment
- e.g. life sentences, custodial sentences
- Reformation
- Aims to change behavior
- e.g. drug course
- Protection of the Public
- e.g. whole life order
- Deterrence
- General
- Using examples of offenders to put other people off
- Individual
- Puts the offender off
- e.g. long prison sentences, fines
- General
- Reparation
- Making amends
- Give back something to the community e.g. community service
- Give back any stolen property
- Types of sentence
- Custodial
- Prison
- Section 152 of the criminal justice act
- Fixed term sentence
- Has a maximum time set by statute + sentencing guidelines by the judge
- You are released after half of the sentence has been served
- Suspended sentence
- 14 days - 2 years
- The sentence only has to be served if the offender reoffends
- Home detention curfew
- Early release from prison on a curfew
- Life sentences
- Mandatory
- The only sentence avaialabe for murder
- A minimum term has to be served
- e.g. murder
- Discretionary
- The judge can impose a lesser sentence if it is more appropriate
- e.g. manslaughter
- Mandatory
- Community order
- The offender can stay in the community subject to requirements
- Section 177 Criminal justice act 2003
- Unpaid work requirement
- 40 - 300 hours
- Curfew
- Can restrict the offenders movements for 16 hours per day
- Exclusion
- Stop you from going to a certain area - takes away the temptation to offend
- Rehabilitation
- Send the offender on a course
- Prohibited activity order
- Not allowed to do a certain thing
- Supervision
- Offender is put under the supervision of the Probation officer
- The offender can stay in the community subject to requirements
- Fines
- Discharges
- There is no immediate punishment
- Absolute
- The charge is never brought up again
- Conditional
- The charge can still be brought before the court if the defendant reoffends
- Factors affecting sentencing
- Judges have to use sentencing
- Aggravating factors
- The severity of the offence
- Previous convictions
- Mitigating factors
- Early guilty plea
- Good character
- Aggravating factors
- A guilty plea will mean that your sentence will reduce by a tenth if you plea at the earliest possible point
- Judges have to use sentencing
- Custodial
- Young offenders
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