Sentecing

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  • Created by: Sally
  • Created on: 08-03-13 10:21
What are the limits of sentencing in a Magistrates Court?
Max of 6 months imprisonment for one offence, and a max fine of £5,000
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What are the limits of sentencing in the Crown Court?
There is no limit
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The main aims of sentencing are what?
Rehabilitation, Reparation, Retribution, Punishment, Protection of the Public, Deterrence, Denunciation
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Which Act sets out the purposes of sentencing?
Section 142 of the Criminal Justice Act 2003
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What is retribution/punishment?
Based on the idea of punishment-the offender deserves punishment for their acts. It is concerned only with the offence committed and making sure that the punishment is in proportion with that offence.
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Retribution punishments?
Tariff sentences, which must be proportionate to crime.
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What is deterrence?
Individual deterrence- the offender is deterred through fear of further punishment. General- potential offenders warned as to likely punishment.
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Deterrence punishments?
Prison sentence, heavy fine, or long sentence (as an example to others)
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What is rehabilitation?
Reforming the offenders behavior in hope that they will not return to committing crimes (works best with young offenders)
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Rehabilitation punishments?
Individualised sentences- aimed at the needs of the offender. Community orders.
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What is Protection of the public?
An aim that disallows the offender to commit further crime, so that society is protected from crime.
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Protection of the public punishments?
Long prison sentences, tagging, or banning orders.
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What is Reparation?
Repayment/reparation to victim or to community.
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Reparation punishments?
Compensation order, unpaid work, or reparation schemes
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What is Denunciation?
Society expressing its disapproval, which reinforces moral boundaries
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Denunciation punishment?
Reflects blameworthiness of offence
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Aggravating factors of an offence?
1) Previous convictions for similar offences 2) Was the D on bail when they committed the offence 3)Racial/religious hostility 4) Hostility to disability or sexual orientation 5)Pre-meditated 6)Excessive violence
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Mitigating factors- guilty plea?
If the offender pleads guilty as soon as possible their sentence can be reduced by 1/3. This is because it avoids the need for a trial, saves cots, saves victims giving evidence, etc.
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Other Mitigating factors?
1) No previous convictions 2) Medical reports 3) Financial situation of offender 4) Age of offender
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What are the 4 main categories of sentences?
Custodial sentences, community sentences, fines, and discharges
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What are the different custodial sentences?
Mandatory, fixed-term, and suspended. Note that custodial sentences are for serious offences only, and a last resort for young offenders.
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What categories must an offence fall into in order to become a whole-life term sentence?
-The murder of two or more persons, where each murder involves planning, abduction, or sexual/sadistic conduct -Murder of a child which involves abduction, or sexual/sadistic motivation -Murder done for purpose of advancing a cause (i.e.political)
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Cases which have a starting point of 30 years include what?
- Murder is of police/prison officer in course of his duty -Murder committed using firearm/explosive -Murder was sexual/sadistic of an adult -Murder was racially/religiously aggravated
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Other starting points of a custodial sentence?
For any offence of murder which is not whole-life or 30 years, a starting point of 15 years is given. Where the offender was under 18 at the time of the offence, the starting period is 12 years.
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What is a discretionary life sentence?
This is where an offence is serious that the maximum sentence is life imprisonment, however the judge does not have to impose it.
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What are extended sentences?
Courts can pass an extended sentence for a sexual or violent offence, The offender will be given a custodial sentence plus a further period. This is so there is greater control over offenders when they leave prison.
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What are different community orders?
Unpaid work, activity, programme, prohibited activity, curfew, exclusion, residence, health treatment, drug rehab, supervision, etc.
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What is a conditional discharge?
The court discharges an offender on the condition that no further offence is committed during a set period of up to 3 years. It is used for offences where punishment is not deemed necessary.
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What is an absolute discharge?
No penalty is imposed on the offender (free to go).
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Who are young offenders?
All of those under the age of 21. However, there are variations in sentences available for those under 18, under 16, under 14 and under 12. The main aim for young offenders is reform and rehabilitation. Under 18's dealt with in Youth Court.
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Young offender's institutions?
Aged 18-20 can be sent to a Young Offenders' Institution as a custodial sentence. Minimum of 21 days. If the offender turns 21 whilst in institution, they are moved to an adult prison.
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Young offenders- detained at Her Majesty's Pleasure?
Aged 10-17 who is convicted of murder must be detained during Her Majesty's Pleasure.
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Other young offender sentences?
Youth rehabilitation orders such as supervision, fines (10-13 max of £250, 14-17 max of £1,000, 18+ £5,000), discharges, reprimands and warnings.
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Other cards in this set

Card 2

Front

What are the limits of sentencing in the Crown Court?

Back

There is no limit

Card 3

Front

The main aims of sentencing are what?

Back

Preview of the front of card 3

Card 4

Front

Which Act sets out the purposes of sentencing?

Back

Preview of the front of card 4

Card 5

Front

What is retribution/punishment?

Back

Preview of the front of card 5
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