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  • Created on: 09-01-16 16:48
where are the aims of sentencing set out?
s142 Criminal Justice Act
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Who must use these aims?
Judges and Magistrates. The relevant aim should be states when the sentence is passed.
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What are the 5 aims of sentencing?
Rehabilitation,Reparation,Protection of the public,Deterence,Punishment
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What is the most serious type of sentence?
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What is punishment?
Revenge and society moral attitudes as the perpetrator gets their just desserts.
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What Punishment result in?
Prison and fines.
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What is deterence?
To deter people from committing future crimes, the main aim is to reduce crime and this could result in suspended sentences.
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What is rehabilitation?
To reform and change the offender. This could be in educational and training programmes and result in community sentences.
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What is protection of the public?
To protect the public from any further harm. This could result in prison,community orders,exclusions, curfew and driving bans.
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What is reparation?
To make the offender compensate the victim and society as a whole could result in compensation orders and community orders.
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How do judges and magistrates decide sentences?
They start with a maximum sentence for the offence e.g Theft Act states 7 years max for theft. Use tariffs as guidelines, keep the sentences consistent and consider the aggravating and mitigating factors.
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What restrictions do Magistrates have when it comes to sentencing?
Can only imrpision for 6 months and give a fine up to £5000.
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What is the sentence for murder?
The mandatory sentence for murder is life.A whole life time of the planning of two or more people or the murder of a child with sexual motivation.
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What is the mandatory sentence of murdering an officer or a racially aggravated murder?
30 years.
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What is the minimum sentence for having three separate offence in dealing a class A drug.
7 years.
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What is the minimum sentence of having three separate offences of burglary?
3 years.
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what does s143 CJA state?
The court should look at the culpability of the offender and the harm caused by the offence.
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What else will the judge/mag look at ?
Background information, may come from pre sentence reports,medical and financial reports. And the aims of sentencing.
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When looking at the offenders background what does this include?
Previous convictions,Previous sentence,Pre sentence report,medical report and financial background.
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Why should pleading guilty reduce a sentence?
It avoids the ordeal of a trial,saves money and saves victim and witnesses from giving evidence.Shortens gap between charge and sentence.
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What was set up in 2010 to replace the sentencing guidelines council and what do they do?
The sentencing council. Issues guidelines to judges and magistrates and informs the public of sentencing decisions.It is an independent body and is important for maintaining independence from the judiciary.
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What are the 4 types of sentence for adult offenders?
Custodial,Community,Fines and discharges.
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What does s152 CJA state about custodial sentences?
Should only be given when the offence is so serious that neither fine nor community sentence can be justified.
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What sort of offences will receive a custodial sentence?
Murder, mandatory life sentence. Manslaughter, discretionary life sentence, ****, robbery. Offenders may not serve all their sentence but serve half and then the other half on licence.
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What are the two types of discharge?
Absolute and conditional.
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What does absolute discharge mean?
No legal penalty is imposed on the O, O is guilty but morally blameless.
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What is conditional discharge?
D will be free if they do not re offend within 3 years.
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What age are youth offenders?
Under 18 but can be sentences as under 21.
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where are they tried?
Youth Courts.
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What is the age that youth offenders can serve a custodial sentence in prison?
Over 21 only.
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Where will 15 - 21 year olds serve their sentences?
In a youth offenders institution.
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What is the min age a YO can be given a custodial sentence?
10 years old.
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Where will very young offenders serve their sentence?
In a secure children home.
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Other cards in this set

Card 2


Who must use these aims?


Judges and Magistrates. The relevant aim should be states when the sentence is passed.

Card 3


What are the 5 aims of sentencing?


Preview of the front of card 3

Card 4


What is the most serious type of sentence?


Preview of the front of card 4

Card 5


What is punishment?


Preview of the front of card 5
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