SENTENCING

WHAT IS THE SENTENCING ACT OF 2020?

The Sentencing Act 2020 is a landmark Act of the Parliament of the United Kingdom that introduces the “Sentencing Code”. The Act consolidates and streamlines over 1300 pages of complex and voluminous sentencing laws currently spread across multiple statutes. It will come into force on 1 December 2020.

WHAT IS SENTENCING?

courts job to decide sentence, will be decided by magistrate or judge. also what are they trying to achieve.

What purposes should judges consider when sentencing?

1. the punishment of offenders

2. the reduction of crime or deterrence

3. the reform and rehabilitation of offenders

4. the protection of the public

5. denouncing poor behaviour

what is retribution? (punishment of offenders)

based on the idea of punishment, offender has broken the law and must be punished.

the criminal law takes revenge against offender on behalf of victim and society.

what is the issue with retribution?

the main issue is that the punishment must be proportionate to the crime.

examples: “an eye for an eye”

what idea is retribution based on ?

the idea that each offence should be based on a tariff or level of sentencing.

In England and Wales who gives judges advice on sentencing?

And what is it ?

The sentencing Council

an independent body, decides on what it appropriate sentence, judges take a note of these guidelines.

On step one of the sentencing council guideline, what are the three categories?

step one- determining the offence category , the court should determine the offence category using the table below.

Category 1- greater harm (serious injury must normally be present) and higher culpabillity.

What is deterrence and what is the theory of it?

1. Individual deterrence- intention of the punishment is to ensure that a particular offender does not reoffend.

2. General deterrence- Intention of the punishment to put off other potential offenders.

What is reform and rehabilitation?

the theory of rehabilitation- is to reform offenders and bring them back into society by educating them or teaching them the error of their ways.

favoured for young offenders

What is rehabilitation of offenders act 1974?

having a stable job is a good way of preventing crime.

What is a spent sentence?

a custodial sentence of under 12 months will be spent 12 months after your sentence is completed. so it is no longer on the system or your criminal record.

What is protection of the public?

the public need to be protected from dangerous offenders. for example serious offences, murder, sexual offences or violence.

less serious- disqualified from driving if you are a dangerous driver.

curfew or community orders.

What is reparation?

this theory aims to make the offender make up for what they’ve done.

What are the three examples of reparation?

Compensation orders

offender must pay a sum of money to victim or restitution ( stolen goods).

Restorative justice

victim and offender meet, to encourage the offender sees the victim side of the story and to see the harm they have caused.

Community service

make up to society by taking part in unpaid community work.

What is denunciation?

express strong disapproval for criminal activity. it reinforces the moral boundaries of acceptable conduct.

What are the six types of sentencing?

Retribution, Rehabilitation, Denunciation, Reparation, Protection of the public and Deterrence.