LAW - CRIM - SENTENCING

what act sets out the sentencing guidlines for offences

• criminal justice act 2003

• the more serious the offence the more rigif the sentence type/length

• most offences courts may use discretion (own judgment)

what are the 6 aims of sentencing

• retribution

• rehabilitation

• deterrence

• incapacitation

• reperation

• denunciation

what is retribution as an aim of setencing

• the idea of punishing the offender for breaking the law

• punishment fair and proportiona to the crime

what is deterrence

individual deterrence - aims to stop the individual from reoffending, tough sentence for young offenders

general deterrence - to deter others from committing the same offence , making an exampke of someone, 2011 riots

what is rehabilitation

• to change the offender and develop them into a functional member of society

• ccmmunity service , rehab if drug offence

• sentence given that dresses root cause of problem

• courts need info gathered from pre sentencing report

what is incapacitation as an aim of sentencing

• protecting the public against dangerous offenders , whilst imprisoned cant reoffend

• not only custodial sentences but FBO’s , driving bans , curfews

whats a case that shows incapacitation but not imprisonment

• R v WINKLER

• man committed violence at football , banned from town on matchdays , less cost

whats reparation as ain aim of sentencing

• reparaing the damage done by the offender to the victim of society

• the victim may be compensated for their loss

• society should be repaid (unpaid community work)

whats denunciation as an aim of sentencing

• to express societies disparoval towards an action

• sentence given to show condemnation of such behaviour

• drink driving opinion changed over time

what is a discharge sentence

• given to a person found guilty of an offence , but the courts deem a punishement is innapropriate

• may be conditional or absoloute

• conditional discharge will include the offencer not reoffending within a time period or the original setence is ‘activated’

what are monetary sentences and compensation orders

• fines , mags up to 5k

• compensation orders compensate victims for injury or loss caused by crime

what are confiscation orders and forfeiture orders

• confiscation orders involve the seizing of the money an offender has made from criminal activity , stop profiting of crime

• forefeiture orders are used to seize and destroy illegal material used in criminal activity , eg car used transport drugs

what is a community order

• split into rehab and punishment

• offender may have to attend drug rehab and also carry out community work, eg litter picking

• includes tagging

what is a custodial sentence

• where someone is imprisoned

• can be few weeks - whole life order

• mags can do 6 months , crown unlimited (within criminal justice act guidlines 2003)

what are the 4 types of custodial sentence

• mandatory

• discretionary

• fxed term

• suspended

what a mandatory custodial sentence

• for murder the only sentence a judge can give is a life sentence

• the judge will state the minimum amoutn of years an offender must serve before being eligible for release

• criminal justice act 2003 outlines nimum period

whats a discretionary custodial sentence

• for offences like s18 ghb the maximum sentence is life

• judge is not required to give that and has discretion in how much to imprison for

what is a fixed term custodial sentence

• the length of the sentence will depend upon the seriousness of the offence and the defendant prev record

• imprisonment for a set number of years and months is a fixed sentence

• many prisoners released after half their sentence

what are suspended sentences

• an offender is given a sentence but not imprisoned straight away

• will require the offender not to re-offend , community order / work , curfew , rehab

• if re-offend tor breach conditions hen the original sentence activated + new offence sentence

what are mitigating factors + examples

• circumstances which will lessen the sentence w judge discretion

• youth , first offence

• pleading guilty (reduce sentence by third)

• behaviour after offence - remorse

• offence was provoked

what are aggravating factors + examples

• can lead to higher sentence when judge discretion

• racially motivated

• committed whilst on bail

• relevant previous convictions

how much does a guilty plea reduce a sentence

• will reduce a sentence by a third

• but can be lowered to 20%

does prison sentences work as indivual detterence

• does not seem so as around 55% of of offender re-offend within 2 years

what else will be looked at when sentence decided

• pre sentencing reports

• defendants background

• medical reports (mental health)

• financial status (fines)