✔️Sentencing 8 markers✅

What’s the 1st paragraph for “outline the aims of sentencing”? (guidelines)

Once Ds pleaded/ been found guilty, court must decide on sentence. There’s a range of sentences to choose from, court will have guidelines to assist. Criminal justice Act 2003, Section 142, S.57 Sentencing Act 2020 require the courts to consider the various aims of sentencing.

What’s the 2nd paragraph for “outline the aims of sentencing”? (retribution)

The first aim is retribution. All sentences will include an element of retribution and is aimed at punishing the D for their wrongdoing. This is Society’s way of getting revenge at D for their offence and is based on proportionality. It’s believed to be closely linked to religious teaching of “an eye for an eye, tooth for a tooth, life for a life” as the judge will pass a sentence that is in proportion to the crime committed and should fit the crime. For example, life sentence is appropriate for D convicted of murder but is excessive for D who committed theft.

What’s the 3rd paragraph for “outline the aims of sentencing”? (rehabilitation)

Another aim is rehabilitation which is about reforming the offender to stop them reoffending and rehabilitate them back into society. The aim is forward looking, with hope that the offenders behaviour will be altered by the penalty imposed. Individualised sentences are passed aimed at the needs of the offender to assist them to solve the issues that lie behind their offending. For example, offending drug addicts being helped to overcome addiction or teaching life skills that will gain them qualifications to help them get a job outside prison (GCSE, ICT courses)

What’s the 4th paragraph for “outline the aims of sentencing”? (reparation)

Reparation allows offenders to make up for (repair the damages) caused by their offending. It’s aimed at compensating the V of the crime, usually by ordering D to pay a sum of money but can unclimbed bringing D and V together so D can apologise and explain why they commuted. Doesn’t work for all crimes, most common in property offences (theft). This aim also includes making reparation to society as a whole (unpaid work, community service)

What’s the 5th paragraph for “outline the aims of sentencing”? (deterrence)

With deterrence, aim is to deter people from offending and reduce crime. There are 2 types of deterrence; 1) Individual deterrence which aims to deter individual from reoffending through giving them harsh sentence such as imprisonment, for example, in R v Whitton- hooligan given 10 years imprisonment for commuting GBH after soccer game. 2) general deterrence- aims to deter everyone by giving D harsh sentence to deter other would-be criminals. Judge may pass harsh sentence to make an example of the D and send a message out to others as a warning. Shown in case of R v Carter where harsh sentence imposed on D who used social media to encourage looting during summer riots.

What’s the 5th paragraph for “outline the aims of sentencing”? (protecting public)

Sentences may also be passed with aim of protecting public by incapacitation, based around views of Lawton LJ in R v Sargeant. There are some criminals who won’t change and will always remain a risk to society. These offenders must be kept in prison as long as possible to keep society safe from them, eg Yorkshire ripper. Other examples include bans which would incapacitate dangerous drivers or curfew orders that would incapacitate offenders who’d been caught bringing at night.

What’s the 1st paragraph for “outline the factors considered when passing sentence”? (numerous factors)

There are numerous factors that need to be regarded when deciding what appropriate sentence to impose in a criminal trial.

What’s the 2nd paragraph for “outline the factors considered when passing sentence”? (tariff)

The court will start with the tariff of the offence commuted which states the max penalty specifically for the offence (eg assault/ battery summary offences have max of 5 years imprisonment/£5000 fine where as ABH under S.47 OAPA carries max 5 years imprisonment). A judge can’t go over the tariff for the offence.

What’s the 3rd paragraph for “outline the factors considered when passing sentence”? (Courts sentencing powers)

Another factor considered by the judge is the Courts sentencing powers as the sentencing is limited by the court in which sentencing takes place. The max sentencing powers of the Mags court is 6 months imprisonment/ £5000 fine. Additionally, under The Power of Criminal Courts (sentencing) Act 2000, the Mags may sent a convicted offender to the crown court to be sentenced if they feel their powers of sentencing aren’t sufficient. On the other hand, crown court have unlimited sentencing powers up to the max sentence of the offence. In both instances, the court will have a copy of the sentencing guidelines issued by the sentencing council which it will use as a starting point.

What’s the 4th paragraph for “outline the factors considered when passing sentence”? (aggravating factors)

Furthermore, the judge will consider any aggravating factors. AF are those that may make an offence worse, more severe sentence. Examples from the Sentencing Act 2020 include offences committed on bail and terrorist offences. The sentencing council also include the use of a weapon, pre-meditation and crimes against vulnerable V as causes to pass a kinder sentence

What’s the 5th paragraph for “outline the factors considered when passing sentence”? (Mitigating factors)

Mitigating factors are those that make a crime less serious, shorter sentence. Under the Sentencing Act 2020, assisting the prosecution or entering an early plea may reduce a sentence. The sentencing guidelines advise a reduction of 1/3 for an early plea at the first reasonable opportunity. Other examples include D being of good character, no previous convictions, acting under provocation and if they were a vulnerable D.

What’s the 6th paragraph for “outline the factors considered when passing sentence”? (Antecedents)

Additionally, the Ds antecedents would be considered. If D has previous convictions, more specifically if similar to the offence they’re most recently committed, will likely indicate a more serious sentence to be passed.

What’s the 7th paragraph for “outline the factors considered when passing sentence”? (pre sentence report)

Pre sentence report prepared by the probation service about the offenders background will also be considered. Information regarding Ds age, employment situation, family commitment, financial situation, whether they have anywhere to live and if they provide a service to the community will be assessed to ascertain their risk of reoffending and whether they’re considered to be a danger to the public. On the basis of this information, a type of sentence is recommended.

What’s the 8th paragraph for “outline the factors considered when passing sentence”? (Victims impact statement)

Finally, they might consider Vs impact statement. This can be provided by the V to inform the court of the effect the crime has had on them. This does not need to be considered by the court when passing sentence but is increasingly used in reaching a final decision.

What’s the 1st paragraph for “outline the range of sentencing options available to the court”? (4 main types)

There are four main types of sentence that a judge/magistrate can give out: custodial sentence, community order, a fine and a discharge

What’s the 2nd paragraph for “outline the range of sentencing options available to the court”? (custodial sentence)

custodial sentence is the most severe criminal sanction as it’s a prison sentence and removed the offenders liberty. Under S.152 Criminal Justice Act 2003, court can only pass custodial sentence if it thinks that the offence “was so serious that neither a fine alone nor a community sentence can be justified for the offence”. It may also be imposed to protect the public from violent individuals or sex offenders

What’s the 3rd paragraph for “outline the range of sentencing options available to the court”? (custodial sentence- range of life sentences)

there are various custodial sentences available. firstly, range of life sentences. A mandatory life sentence is automatically given for murder convictions. This could be minimum 12 years – Max whole life order. Sean Mercer who killed Rhys Jones was sentenced to a minimum of 22 years before parole could be applied for. Discretionary life sentences Allow the judge the flexibility to sentence up to life for offences such as Manslaughter and rape but do not have to impose this and can choose to give any sentence less than the max

What’s the 4th paragraph for “outline the range of sentencing options available to the court”? (custodial sentence- fixed term sentence)

On the other hand there are fixed term sentences which are passed for less serious offences, the max length of the sentence will be set by statute for a fixed term. for example the max sentence for theft imposed by the Theft Act 1968 is 7 years. Prisoners do not serve the whole sentence passed by the court, usually they released on license after they’ve served half their sentence.

What’s the 5th paragraph for “outline the range of sentencing options available to the court”? (custodial sentence- minimum term)

minimum sentences are sentences where the minimum term is laid down in statute. this removes the judges discretion to sentence on the basis of individual cases and often occurs where crimes have become a public focus. e.g S.110 Criminal Courts (sentencing) Act 2000 state that there is a minimum of 7 years for a 3rd class drug trafficking offence and a minimum of 3 years for 3rd conviction of burglary

What’s the 6th paragraph for “outline the range of sentencing options available to the court”? (custodial sentence- suspended sentence)

An offender may receive a suspended sentence. This is where their time custody is suspended for a period so that the offender doesn’t have to go to prison. The prison sentence can only be between 14 days and 2 years but the length of the suspension varies between 6 months and 2 years. I’d D commits a further offence whilst under the sentence, then they will have to serve it in custody in addition to any sentence for the further offence

What’s the 7th paragraph for “outline the range of sentencing options available to the court”? (community orders)

alternatively to custodial sentences, there are community orders which are imposed in 13% of cases each year. A community order can be tailored to the needs of the individual as the judge/magistrate can “mix and match” requirements. The full list of requirements are set out in S.177 Criminal Justice Act 2003, some examples include: unpaid work, doing an activity requirement, rehabilitation, being tagged and having a curfew. If an offender is instructed to do unpaid work, they would do between 40 to 300 hours of work whilst being supervised by the probation service. This unpaid work can include litter picking and cleaning graffiti. If the offender was giving an activity requirements, they may have to do up to 60 days of a particular activity such as working in a charity shop or doing something for the V. Rehabilitation is for offenders who have a past with alcohol alcoholism/drug abuse. They may be put under supervision to treat their abusive harmful substances. A curfew or tagging last up to 6 months and the offender may be required to stay at a particular address during certain hours of the day. an electronic tag can also monitor their movements so their alarms if the offender goes somewhere where they shouldn’t or goes out at time they shouldn’t be.

What’s the 8th paragraph for “outline the range of sentencing options available to the court”? (Fine)

another type of sentencing is receiving a fine. The offender will have to pay a financial penalty that may be imposed alone or in addition to another type of sentence. Max fine available at magistrates is £5000 whereas it is unlimited in the Crown Court. chords must take into account severity of offence and financial means of the offender. According to the home office, fines are imposed in approximately 71% of cases making them the most common type of sentence.

What’s the 9th paragraph for “outline the range of sentencing options available to the court”? (discharge)

Final type of sentence is discharge. Use an 8% of cases when Ds been convicted of an offence but the courts believe that punishment is not necessary. There are 2 types of discharge; conditional and absolute. Conditional means they will have a criminal record but no further action will be taken against them as long as they don’t commit a further offence within 3 years, if they do commit a further offence, they may be convicted and sentenced for both sentences at the same time. Absolute means they will have a criminal record, but no action will be taken against them. May be imposed for first-time offenders who are charged with a very minor offence.