Sentencing

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  • Created by: 10dhall
  • Created on: 06-03-17 10:50
What are the aims of sentencing?
1) the punishment of offenders. 2) the reduction of crime (deterrence) 3) reform and rehabillitation 4) protection of the public 5) making of reparation by offenders to persons affected by their offences
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What Act governs the aims of sentencing?
The Criminal Justice Act 2003, s 142
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What are the different types of sentencing?
Custodial sentences, community based sentences, other sentencing
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What are the maximum terms for custodial sentences?
Murder: life. Robbery: maximum life. Burglary: maximum 14 years. ****: maximum life. Theft: maximum 7 years
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What is the maximum sentence a Magistrate's court can impose?
6 months for one, 12 months for two or more offences
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What is the sentence for a 12-17 year old?
Detention and training order equivalent to where an adult would be imprisoned, lasts between 4 and 24 months and supervision is built in too.
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What is the sentence for a 18-20 year old?
Sent to a young offender institution where they could be imprisoned if they were over 21 and it was a serious offence/ of violent / sexual nature
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What are some facts about young offenders institutes?
Can also cater for 15-17 year olds, can be imposed with a seriousoffence/violent/sexual where a community based punishment wont be complied with
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What happens to offenders over 18 who are tried on indictment/ commit an offence which is the same as an adult being convicted of a 14 years imprisonment?
They can be sentenced to the same time as an adult over 21 would be - including detention for life in serious cases
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What happens to 18-20 year old's commit a life sentence - offence?
They can be given custody for life
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What is a suspended sentence?
A suspended sentence is when someone is sentenced to imprisonment for a term of 14 days and two years - if they keep out of trouble and can remain in the community
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What to suspended sentences apply to?
They apply to prison terms - not similar sentences
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Facts of suspended sentences?
They can be imposed on anyone over the age of 18, if the person further offends during the sentence they can be made to serve the sentence and sentenced for the new offence as well
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What are the requirements of a suspended sentence?
The Criminal Justice Act 2003 allows requirements such as: drug rehabilitation, mental health requirement, curfew, programme requirement,
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What are community orders?
Community orders is when the offender remains in the community and the offence is not that serious
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Facts of community orders?
Can only be imposed on individuals over 18, combined with conditions identical to the conditions of suspended sentences, also a punishment or a fine, curfew includes tagging, last for 3 years max
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Facts of youth Rehabilitation orders for under 18's?
Maximum 3 years, requirements such as: education requirement, drug testing, intensive supervision, no restrictions/travel requirements
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What are the non community orders?
Reparation orders, order against parents, referral orders, warnings and reprimands, binding over, absolute/conditional discharges, fines, compensation, deportation,
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What are reparation orders?
They apply to under 18's convicted of any offence except murder, can only be imposed where a custodial/community order is not going to be imposed, requires working for 24 hours to the victim to make reparation
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What are orders against parents?
Can last for 12 months where the child has been convicted of an offence, the parent must attend counselling for 3 months, other requirements: home at certain time, duty to impose under 16, over 16 - if it will help and prevent offending, fines can be
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What is binding over in orders against parents?
This is when an offender is under 16 and the parents pay a maximum of £1,000 to the court and take care of the offender and control of them
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What are warnings and reprimands?
Applies to 10-17 year old's, cannot be given unless offence is admitted, designed to deal with low level first time offenders, can be referred to a Youth offending team1
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What is binding over in general?
Happens in minor assaults or other minor offences
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Fines?
Can be imposed on their own or with any other order, maximum level of fine in the Magistrate's is £5,000
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Exclusions and disqualifcations?
Exclusion from licensed premises, disqualification from driving/working with children
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What are deferred sentences?
Introduced by the Criminal Justice Act 2003, maximum period is 6 months, offender must consent, court can impose coniditions including being monitored by the probation service, this is designed in exceptional cases
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What are deferred sentences designed to do?
A) Test an offenders commitment to not reoffend, allow an offender to demonstrate progress
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Special categories of offenders?
Community order with requirements for medical conditions, youth rehabilitation orders for medical conditions, hospital orders (6 months), restriction orders to protect public of harm, an absolute discharge
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What is an absolute discharge?
When no sentence is given and the offender is free to go after convicted
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What are some mitigating factors?
Remorse, addiction, age, lack of planning, provocation, early guilty plea
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What are some aggravating factors?
Offending on bail, breach of trust (sexual offences), attacking vulnerable victims, no guilty plea, earlier criminal record
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Are prison sentences or community sentences better?
Prison: expensive, long, mental problems not suitable, protects society, suicide risk. Community: low offending rate, rehabilitation, not suitable for violent offenders
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Custodial sentences available for juviniles?
12-17: detention and training order, 18-20: young offenders institution, under 18: tried on indictment get the same sentence as adult, murder under 18: detention at her majesty's pleasure, 18:20: custody applies for life in indictable offences
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Community sentences available for juviniles?
Youth rehabilitation order includes 18 conditions for 10-18 year olds, activity requirement, drug testing requirement, mental health requirement, unpaid work requirement, education requirement, curfew
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Other cards in this set

Card 2

Front

What Act governs the aims of sentencing?

Back

The Criminal Justice Act 2003, s 142

Card 3

Front

What are the different types of sentencing?

Back

Preview of the front of card 3

Card 4

Front

What are the maximum terms for custodial sentences?

Back

Preview of the front of card 4

Card 5

Front

What is the maximum sentence a Magistrate's court can impose?

Back

Preview of the front of card 5
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