Sentencing

• What is one aggravating factor for sentencing related to the victim?

  The vulnerability of the victim, such as being elderly or disabled
• How does the seriousness of a crime affect sentencing?

  It is an aggravating factor that considers the scale of the crime, weapon use, and impact
• What does premeditated intent imply in terms of sentencing?

  It aggravates the sentence
• What is another aggravating factor in sentencing?

  Whether or not a person has previous convictions
• What is a hate crime in the context of aggravating factors?

  It is an aggravating factor that can influence sentencing
• What does civil law encompass?

  Disputes that happen between individuals and between organisations
• What is the definition of criminal law?

  Law that dictates behaviour that is forbidden and their consequences
• What are reparations in legal terms?

  Actions taken to amend or make up for something, such as compensation for legal injury
• What is the concept of retribution in sentencing?

  Seeking punishment in vengeance for an offender's rational actions
• How does deterrence function in the context of law?

  It discourages people from committing a crime through the threat of punishment
• What is the aim of rehabilitation in sentencing?

  To provide an opportunity for the offender to change their behavior
• What does incapacitation or public protection mean in sentencing?

  Maintaining the safety and wellbeing of the public
• What are the differences between civil and criminal law?

  • Civil law deals with disputes between individuals and organizations.
  • Criminal law maintains stability in society and seeks punishment for offenses.
  • Civil law outcomes involve compensation or damages; criminal law outcomes involve custodial sentences, fines, or community service.
  • Burden of proof in civil law lies with the claimant (balance of probabilities); in criminal law, it lies with the prosecutor (beyond reasonable doubt).
• What are the similarities between civil and criminal law?

  • Both allow for court decisions to be appealed.
  • In both cases, the victim is usually an entity like an agency, business, or individual.
  • Both parties are entitled to legal representation.
• What does culpability refer to in legal terms?

  How guilty or involved a person is in a crime
• What are the stages in deciding a sentence?

  1. Seriousness: Consider aggravating and mitigating factors, culpability, harm caused, and intention.
  2. Background: Review pre-sentence report including medical, financial, and personal circumstances.
  3. Guidelines: Follow sentencing guidelines and ensure sentences are within the range set by the council.
  4. Aims: Consider the aims of sentencing as per S57 Sentencing Act.
• What are the four different types of sentences?

  • Custodial: Most serious, ranging from weeks to life in prison.
  • Community orders: Various requirements for rehabilitation.
  • Fines: Based on the offender's ability to pay.
  • Discharges: Conditional or absolute, depending on the offender's actions.
• What is a custodial sentence?

  The most serious punishment that can range from a few weeks to life in prison
• What is a suspended sentence?

  The offender's sentence is suspended for up to 2 years, not taking effect immediately
• What is included in a community order under s.177 Criminal Justice Act 2003?

  A range of requirements that can include unpaid work, drug treatment, or curfew
• How is the amount of a fine determined?

  It depends on the offender's ability to pay
• What is a conditional discharge?

  A penalty for up to 3 years on condition that the offender does not re-offend
• What is an absolute discharge?

  No penalty is imposed, used when the offender is technically guilty but morally blameless
• Summary offence process


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• TEW offence process (deciding the stage)

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• Indictable offences process


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