Adult sentencing guidelines essay plan

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  • Created by: Izzz
  • Created on: 11-09-15 16:30

PLEASE DOUBLE CHECK ALL FACTS, SECTIONS AND CASES AS THE LAW CHANGES SO FREQUENTLY THAT FACTS COULD NOW BE OUT OF DATE AND SOME FACTS MAY BE INCORRECT

Example questions:

  • Explain the use of guidelines in the sentencing of adult offenders [11]

Introduction:

  • Sentencing is carried out by the Sentencing Council
  • The guidelines were established by the Coroners and Justice Act 2009 
  • The Sentencing Council replaced the Sentencing guidelines Council
  • Aims to encourage transparency and consistency in sentencing

1) 5 aims of sentencing

  • The council look first at the 5 aims of adult sentencing and decide from there what type of sentence should be applied
  • Aims of sentencing:
    • Retribution - 'Eye for an eye' principle
      • This aim is effective at getting justice but unaffective at reducing crime
      • Sentence that upholds aim
        • Determinate sentences (Court decides maximum prison sentence)
    • Protection of the public - Offender is made incapable of reoffending
      • Sentences that uphold the aim:
        • Custodial sentence - s152 Criminal Justice Act 2003 (CJA) - "so serious neither

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