AS Law02 - Sentencing

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  • aims
  • types
  • aggravating factors
  • mitigating factors
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  • Created by: Henry Ng
  • Created on: 29-05-12 17:10

Aims of sentencing

  • to achieve consistency with justice

Retribution - revenge element of punishment. In the UK this is normally life imprisonment.

Deterrence - discourage the offender from reoffending and discourage new offenders. This could be via long custodial sentences, strict liability.

Protecting Society  - keeping violent or sexual offenders off the street. This is done through custodial sentences.

Rehabilitaion - "curing" behaviour thus removing the cause. This is done via removal of alcohol or drugs, anger management or education for job prospects. 

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Types of sentences

Custodial - Imprisonment; always a last resort with a tarriff applied in terms of max/min setences. These sentences can be suspended; if theres no reoffences then the sentence does not have to be served.

Community - Unpaid work up to 300 hours with potential curfews. This may also require restriction of alcohol and drugs with constant supervision order which leads to reporting to probation services. There could also be living requirements within a certain proximity.

Financial - Fines and compensation orders ; paying victims

Discharge - Comes in two forms; absolute - goes on record but taken no further or conditional - goes on record but further offences within a time period could lead to a sentence

Restorative Justice - aims to rehabilitate offender by making them face up to their crime by meeting or compensating their victims

Particular Sentece - driving ban

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Aggravating Factors

  • Factors that result in a harsher sentence
  •  
    • Previous convictions
    • Racially motivated
    • Religious, disability or sexually orientated
    • Committed an offence whilst on bail
    • if the V was vulnerable in any way (elderly or a child)
    • D had a trust relationship (student teacher)
    • D was part of a group attack
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Mitigating Factors

  • Factors resulting in a lighter sentence
  •  
    • physically or mentally ill
    • first offence
    • D expresses Remorse
    • D offered compensation to V
    • D has difficult home circumstances
    • Pleads guilty at first opportunity
    • D was provoked
    • Cooperation with the police
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