Sentencing

What is a tariff sentence?

the starting point for a sentence

What factors affect the sentence? (general terms)

mitigating and aggravating factors

What are the 5 aims of sentencing?

Punishment

reform and rehabilitation

deterrence

protection of the public

reparation

What is an alternative term for punishment?

Retribution

Part of the purpose of punishment is denunciation, what is denunciation?

Public condemnation

What are the two types of deterrence?

individual and general

What is individual deterrence?

prevent the offender from reoffending

what is general deterrence?

prevent the wider population from commiting the crime

how might a sentence aimed at deterrence be different form others?

it may be harsher to make an example

What does rehab/reform look at to prevent reoofending?

the longer term problem/cause

Which demographic is reform a particularly important aim?

young offenders

What is the most likely sentence for protection of the public?

incarceration

What is the aim of reparation?

to compensate the victim or society

What act contains a list of aggravating and mitigating factors?

Sentencing Act 2020

What must be prepared before sentencing by a probation officer?

Pre sentence report

what is included in a presentence report?(4)

attitude to offence

attitude to victim

circumstances

risk of reoffence

Where is the D during the presentence report being collated?

either in custody or on bail

How much can be taken off a sentence if pleading guilty at the first instance?

1/3

How much can be taken off for pleading guilty during the trial?

1/10

Give examples of aggravating factors?

previous convictions

commited while on bail

racist or religious hostility

vulneranle victim

gang

abuse of trust

weapon

drugs and alcohol

give examples of mitigating factors?

Pleading guilty

first offence

they are very young or very old

vulnerable offender

expressed remorce

circumstances

provocation

assistance in another case