Sentencing

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What are the maximum powers of the Magistrates court?
6 months for 1 offence/12 months for consecutive offences or £5'000 (£20k for businesses)
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What is the maximum power of the crown court?
No Limit
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What does s.152 of the Criminal Justice Act 2003 state?
That custodial sentences should only be given when a fine or community order would not fit the crime
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When is a mandatory life sentence given?
When someone is charged of murder
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When are mandatory life sentences given?
Someone convicted of murder
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What is the starting point for mandatory sentences?
12 years
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What are discretionary life sentences?
A sentence that can go from discharge to life in prison
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When are discretionary sentences used mostly?
**** and Manslaughter
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When are minimum sentences used?
Someone is charged of supplying class A drugs for the 3rd time or burglaring a house for the 3rd time
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What is a fixed-term sentence?
Any sentence that is given a set time.
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When given a sentence for imprisonment, how long will the offender spend in prison?
1/2
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What act allows the court to pass extended sentences for violent or sexual cases?
S.85 of the Criminal Courts (Sentencing) Act 2000
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What is the maximum extension for violent offences?
5 years
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What is the maximum extension for sexual offences?
10 years
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What Act allows early release from prison as long as the offender wears a tag and obeys conditions of their curfew?
Crime and Disorder Act 1998
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What did s.177 of the Criminal Justice Act 2003 create?
Community orders
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What does S.23A of the Criminal Justice Act 2003 set guidelines for?
Fines
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What does S.23B of the Criminal Justice Act 2003 set guidelines for?
Discharges
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What is an absolute discharge?
Released with no sentence
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What is a conditional discharge?
Released with no charge but if they re-offend within 3 years they are charged for both offences
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What is a forfeiture order?
When the offender must give up any money or property gained through crime
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What does s.142 of the Criminal Justice Act 2003 set out?
Aims of sentencing
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What is retribution/ punishment?
The idea that criminals should be given a punishment that fits the crime they have committed
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What is reform?
Rehabilitate them back into society
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What is individual deterrence?
Given a sentence to ensure they don't re-offend
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What is general deterrence?
Given a sentence to ensure others don't re-offend by making an example of them
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What is protection?
Protecting people by ensure the most safe sentence is given
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What is Denunciation?
Society showing their disapproval
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What is reparation?
Compensating the victim
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What is this describing: a body responsible for developing sentencing guidelines and monitoring its use, assessing the impact of guidelines on sentencing practice, promoting awareness of sentencing in the public and publishing information?
Sentence Council
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Other cards in this set

Card 2

Front

What is the maximum power of the crown court?

Back

No Limit

Card 3

Front

What does s.152 of the Criminal Justice Act 2003 state?

Back

Preview of the front of card 3

Card 4

Front

When is a mandatory life sentence given?

Back

Preview of the front of card 4

Card 5

Front

When are mandatory life sentences given?

Back

Preview of the front of card 5
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