OCR A LEVEL LAW: sentencing

Aggravating factors

Factors of a case that are likely to increase the sentence

Mitigating factors

Factors of a case that are likely to decrease the sentence

Aggravating factors in sentencing

-Previous convictions for similar or relevant offences

-Racial or Religious hostility involved in offence

-Sexual orientation or disability hostility involved in offence

-Defendant was on bail when offence was committed

Mitigating factors in sentencing

-Defendant has a medical or/and a physical illness

-Offender has no previous convictions

-The defendant shows signs of genuine remorse

-They co-operate with the police

Reduction of sentences

Pleads guilty...

-At earliest opportunity = 1/3 off

-After the trial is set = 1/4 off

-At the door of the court = 1/10 off

Name the 5 aims of sentencing

1) Retribution

2) Rehabilitation

3) Reparation

4) Deterrence

5) Protection of the public

Retribution

-Punishment imposed only on the ground that an offence has been committed

-Sentence must be proportionate to the offence

Rehabilitation

-Aim is to reform the offender and rehabilitate his/her into society

-Examples include an individualised sentence or community order

Reparation

-Repayment to the victim or community

-Examples include a compensation order, unpaid work or Reparation schemes

Deterrence

-Individual offender is deterred through fear of further punishment

-General society deterred by warning potential offenders as to likely punishment

-Examples include a prison sentence, heavy fine or a long sentence as an example to others

Protection of the public

-Offender is made incapable of committing further crime

-Society is protected from crime

-Examples include long prison sentences, tagging or a banning order

Which Act sets out the aims of sentencing?

Criminal Justice Act 2003

Name the 8 types of sentencing for adult offenders

1) Absolute discharge

2) Conditional discharge

3) Fine

4) Community order

5) Suspended Sentence

6) Fixed-term sentence

7) Discretionary life sentence

8) Mandatory life sentence

Absolute discharge

-No penalty is imposed

-Usually used when an offender is technically guilty but morally blameless

Conditional discharge

-Court discharges an offender on the condition that no further offence is committed during a set period of up to 3 years

-Wildly used by Magistrates' court for first-time minor offenders

Fine

-Sum of money exacted as a penalty by the courts

-Most common way of disposing of a case in the Magistrates' Court

-Only a small percentage dealt with by fine in the Crown Court

Community Order

-CJA 2003 created one community order under which the court can combine any requirements it thinks are necessary

-sentences can 'mix and match'

Community Order Requirements

-Unpaid work requirement (40 to 300 hours)

-A prohibited activity requirement

-A curfew requirement

-A mental health treatment requirement

-A drug rehabilitation requirement

-An alcohol treatment requirement

-Supervision requirement

-(under 25 years old) An attendance centre requirement

Suspended sentence

-Sentence does not take effect immediately, offender has a fixed time during which the sentence is suspended

-Sentence can be suspended for up to two years: if no further offence is committed during this time then the prison sentence will not be served

Fixed-term sentence

-Imprisonment for a set number of months or years

-Offenders are automatically released after they serve half of their sentence, so prisoners don't serve the whole of the sentence

Discretionary life sentence

-Maximum sentence is life Imprisonment but the judge doesnt have to imposed it

-Examples include manslaughter and rape

Mandatory life sentence

-For murder, the only sentence a judge can impose is a life sentence

-Minimum term of 12 years (governed by CJA 2003) has to be served by the prisoner

Mandatory life: Aggravating factors

-Significant degree of planning

-Victim was particularly vulnerable

-Defendant inflicted mental or physical abuse on the victim before killing them

Mandatory life: Mitigating factors

-Intention to cause GBH rather than murder

-Lack of premeditation

-Belief by the offender that the murder was an act of mercy

Other powers of the court

-Disqualifying the defendant from driving

-A compensation order: offender to pay a sum of money to the victim of the crime

-Forfeiture order: certain property of the offender can be taken away (e.g. Spray paint)

Aggravating factors in sentencing

-Previous convictions for similar or relevant offences

-Racial or Religious hostility involved in offence

-Sexual orientation or disability hostility involved in offence

-Defendant was on bail when offence was committed

Mitigating factors in sentencing

-Defendant has a medical or/and a physical illness

-Offender has no previous convictions

-The defendant shows signs of genuine remorse

-They co-operate with the police

Reduction of sentences

Pleads guilty...

-At earliest opportunity = 1/3 off

-After the trial is set = 1/4 off

-At the door of the court = 1/10 off