Sentencing

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Aims of sentencing
Punishment, Protection of public, Reduction of crime, Rehabilitation, Reparation
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Punishment
Retribution for wrongdoing
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Protection of public
protecting public from a dangerous individual and prevent them from re-offending
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Reduction of crime _____ and _____
Individual and General
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Individual deterrent
Aimed at particular individual to put on re-offending
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General Deterrent
Put society off of committing crimes by harsher sentence. Can lead to injustice.
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Rehabilitation
Reforming offender so they do not re-offend
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Reparation
Considers the victim when sentencing, compensation orders are sometimes used
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Reduction of guilty plea - at the first opportunity
1/3
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Reduction of guilty plea - after trial is set
1/4
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Reduction of guilty plea - at the door of court/during trial
1/10
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Adult custodial sentences
Mandatory, Indeterminate, Minimum, Extended, Discretionary, Suspended
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Mandatory
Only sentence available for murder if under if 18+. Min term is served before release on license, 15 years to whole life
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Indeterminate
Sets a min time to be served before being eligible for release by parole board, no guaranteed release
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Minimum
Sets down min sentence for some persistent offenders. 3rd class A drugs trafficking/3rd domestic burglary offence
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Extended
for violent/sexual offenders. An extended license period is attached to the custodial sentence upon the offenders release
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Discretionary
For other serious offences. Judge has discretion in imposing a lesser sentence if more appropriate
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Suspended
Doesn't take effect immediately and is only served if offender re-offends. Judge imposes a sentence from between 14 days and 2 years and can suspend it for up to 2 years
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Adult community orders
Can mix and match requirements allowing them fit the restrictions of the offender, 16+. unpaid work up to 300 hours, programme to help challenge offending behaviour.
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Fines - adult
Most common way of disposing a case in the magistrates, low level crimes
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_______ and ______ discharges
Absolute, Conditional
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Absolute discharge
No penalty is imposed, used where offender is guilty but morally blameless
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Conditional discharge
Court discharges offender on the condition that no further offence is committed within a 3 year period
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Young offenders age
10-17
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Deemed ______ if under 10
doli incapax - incapable of crime
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If an under 10 breaks the law, can be given a ____ ____ _____ or a ____ _____ _____
Local child curfew, child safety order
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Local child curfew
Banned from public place for up to 90 days unless accompanied by an adult
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Child Safety Order
Supervised by youth offending team, usually up to 3 months
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Police have additional rules when dealing with children
shouldn't be arrested/interviewed at school/held in a cell, should have guardian informed of arrest or provide appropriate adult
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When dealing with young offenders, s_ presumption is even stronger
4
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Where bail is refused for an under 17
Must be remanded at local authority accomodation
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Young offenders are tried in
Youth Court
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Young Offenders - CCARDF
Custodial, Community, ASBO, Reprimand and Warnings, Discharge, FInes
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Young Offenders - Custodial
Detention at her majesty's pleasure, youth offenders institutions, detention and training orders, detention for serious crimes
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Detention at her majesty's pleasure
Mandatory life sentence for murder if 10-17
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Youth offenders institutions
For ages 15-20. min of 21 days plus the max of the offence. if reach 21 transferred to adult prison
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Detention and training orders
For ages 12-21. only given to under 15 if persistent offender
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Detention for serious crimes
Allows young person to be detained for the max of the offence
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Young Offenders - Community
Now a Youth Rehabilitation Order. Courts can mix and match to suit circumstances, some requirements being activity/programme/supervision requirement
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Young Offenders - ASBO
Given to anyone over 10. Prevents offender going to a person/place, lasts 2 years
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Young Offenders - Reprimand and Warnings
Allows police to deal with offenders. Must have evidence and must only be given if they have no criminal record
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Young Offenders - Discharge
Absolute and conditional are available for 10+. But, cannot conditionally discharge where: been convicted + warned in the last 2 years, in breach of ASBO/sex offenders order
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Young Offenders - Fines
Depends on age. 10-13: £250 14-17: £1000 18+: same as adult
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Other cards in this set

Card 2

Front

Retribution for wrongdoing

Back

Punishment

Card 3

Front

protecting public from a dangerous individual and prevent them from re-offending

Back

Preview of the back of card 3

Card 4

Front

Individual and General

Back

Preview of the back of card 4

Card 5

Front

Aimed at particular individual to put on re-offending

Back

Preview of the back of card 5
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