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Sentencing
Aims of;

The overall aim is justice and to achieve this, consistency is necessary, e.g. a tariff system is applied
for minimum and maximum sentence guidelines (maximum sentence for GBH s.20 is 5 years
imprisonment).

Retribution
This is the revenge element; to punish. The ultimate form of this is…

Page 2

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3. Financial
e.g. fines
Compensation order (giving payment to the victim)

4. Discharge
(a) Absolute discharge ­ meaning the offence goes on the offenders record, but no further
action is taken
(b) Conditional discharge ­ goes on the offenders record but no other sentence is given
unless the offender reoffends…

Page 3

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Procedure to trial ­ criminal
Types of offences / courts;

Summary - Magistrates' court (3 magistrates)
e.g. assault or battery

Triable either way - Magistrates' court or Crown court
e.g. theft, ABH, GBH s.20

Indictable - Crown court (judge + jury)
e.g. GBH s.18

Principles of procedure;

Justice ­ convicting…

Page 4

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Bail

All defendants have the right to be considered for bail under the Bail Act 1976. Bail can be granted
by the police where the defendant will be required to report to the police station, or by the
magistrates will grant court bail, requiring the defendant to turn up to…

Page 5

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Burden of proof and standard of proof

The burden of proof rests with the prosecution, so the prosecution have to prove that the defendant
is guilty; the defendant is innocent until proven guilty.

The standard of proof for criminal cases is `beyond reasonable doubt' ­ so not absolute certainty, but…

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