Sentencing - Overview
- Created by: Jean-Luc Kondabeka
- Created on: 11-05-13 00:16
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Types of Sentencing
S.143(1) - In considering seriousness of offence, court must consider offenders culpability in committing offence + harm which offence caused/Intended to cause/Might reasonably forseeably have caused
Custodial
- Most severe punishment - 21 years +
- Removal of offenders liberty
- Whole lives affected, may lose jobs, homes and families as a result of prison sentence
- Under Criminal Justice Act 2003 S. 152 - court can only pass custodial sentence if it thinks offence is so serious that neither fine nor community sentence can be justified,
- Also imposed to protect public from violent/sex offenders
- Powers of Criminal Courts Act 2000 - Lays down minimum sentences for some crimes
- Person will receive sentence of 7yrs for 3rd Class A drug trafficking offence
- Minimum of 3yrs for 3rd conviction of domestic burglary
- Early Release - Sentenced less than 4yrs will be released after serving half
- Those serving longer will have to serve…
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