Criminal Courts - Sentencing

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What are the aims of sentencing?
S142 Criminal Justice Act 2003 sets out some aims of sentencing; Punish offenders (retribution), Reduction in crime (deterrence) Reform and rehabilitate offenders (rehabilitation), Protection of public, Making reparation of offenders to victims.
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What is Deterrence?
An aim which focuses on reducing future crime. There are 2 types; individual - the D will not commit a crime in future for fear of future punishment, General - where the general population deterred from offending because of punishment on others.
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What is retribution?
Based on idea of punishment. This aim does not seek to reduce crime or alter any future behaviour of offender. Sentencing guidelines produced by Sentencing Council.
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What is reform/rehabilitation?
Forward looking aim with focus on getting people back into society. Pre-sentence report often contain info on D's background to help judge decide appropriate sentence. Often involved giving D new skills/attending classes.
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What is reparation
Compensating V for crime by paying money or returning stolen goods. Be on top of other sentences. Direct is where D comes face to face with V to see the effects of their actions.
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What are the range of sentences?
Custodial, Community, Fines, Discharge
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What is a custodial sentence?
Where D spends time in prison. Can be suspended where D give certain amount of time they can't re offend or will face the sentence
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What is a community sentence?
A non-custodial sentence which may include unpaid word up 300 hours, a curfew, alcohol treatment, supervision order, exclusions from certain areas.
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What is a financial sentence?
Where D is required to pay a certain amount of money, max £500 in magistrates court, unlimited in the Crown.
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What is discharge?
Absolute discharge - no penalty, goes on record but that is all. Conditional - if further offence committed in certain time, original sentence can be re-sentenced.
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What are aggravating factors?
S143 (1) - factors that may mean you pass a more severe sentence; previous convictions, D on bail, religious/racial hostility. hostility to disable or gay people, D part of group, V particularly vulnerable, V carrying out public service, premeditated
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What are mitigating factors?
Factors that may pass a lighter sentence than one that would normally be given; mental/physical illness of D, no previous convictions, evidence of genuine remorse, co-operating with police
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What is plea bargaining?
If the D makes a guilty plea then they may receive a lesser sentence. The earlier the D pleads guilty the more their sentence will be reduced. First reasonable opportunity = 1/3, after trial set=1/4, door of court or after trial started = up to 1/10.
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Criminal Courts Sentencing
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Card 2

Front

What is Deterrence?

Back

An aim which focuses on reducing future crime. There are 2 types; individual - the D will not commit a crime in future for fear of future punishment, General - where the general population deterred from offending because of punishment on others.

Card 3

Front

What is retribution?

Back

Preview of the front of card 3

Card 4

Front

What is reform/rehabilitation?

Back

Preview of the front of card 4

Card 5

Front

What is reparation

Back

Preview of the front of card 5
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