Sentencing

• What is the maximum sentence for assault?


  6 months imprisonment and/or £5000 fine
• What is the maximum sentence for battery?


  6 months imprisonment and/or £5000 fine
• What is the maximum sentence for ABH?


  5 years imprisonment
• What is the maximum sentence for GBH s20?


  5 years imprisonment
• What is the maximum sentence for GBH s18?


  Life imprisonment
• What do magistrates have to consider when sentencing?


  They are subject to maximum sentences of the Magistrates’ courts and guidelines
• What guidelines must judges in the crown court follow?


  They must take into account the court of appeal guidelines and the sentencing act 2020
• What are the aims of sentencing?

  • Retribution (punishment)
  • Deterrence (preventing future crimes)
  • Rehabilitation (reforming offenders)
  • Public protection (preventing further offences)
  • Reparation (compensating the victim)
• What is the concept of retribution in sentencing?


  It is the idea that the offender deserves punishment for their conduct
• What is individual deterrence?


  It aims to deter the particular offender from committing further crimes
• What is general deterrence?


  It aims to deter potential lawbreakers from committing crimes
• What is the purpose of rehabilitation in sentencing?


  To reform the offender so they are less likely to commit offences in the future
• How does public protection relate to sentencing?


  It prevents offenders from committing further offences by placing them in custody
• What is reparation in the context of sentencing?


  It involves compensating the victim or society for the harm caused
• What is a custodial sentence?


  The offender is sent to prison
• When can a court pass a custodial sentence?


  When the offence is serious enough to justify it or is violent or sexual
• What is the early release policy for offenders with sentences up to 4 years?


  They will automatically be released after half of their sentence is served
• What is the early release policy for offenders with sentences of 4 years?


  They will be released between half and two-thirds of their sentence
• What is a mandatory life sentence?


  It is only for murder, with a minimum number of years set before parole
• What is a community sentence?


  It restricts offenders’ freedom without a custodial sentence
• What must the court consider to impose a community sentence?


  It must think the offence is serious enough to warrant it
• What are some requirements that can be imposed with a community sentence?


  Unpaid work, prohibited activity, and curfew requirements
• What is a fine in the context of sentencing?


  A financial penalty imposed on the offender
• What does the court consider when imposing a fine?


  The nature of the offence and the offender's financial circumstances
• What is a binding over order?


  It requires the offender to keep the peace or be of good behaviour for a fixed period
• What are the two types of discharge in sentencing?

  • Absolute discharge: No further action taken, but conviction appears on record.
  • Conditional discharge: Convicted without a sentence if the offender does not re-offend within a specified period.
• What did the Coroners and Justice Act 2009 establish?


  A sentencing framework in England and Wales with maximum and minimum sentences
• What is the current sentencing procedure governed by?

  The Sentencing Act 2020, which creates a sentencing code
• What factors do courts consider when sentencing?

  Seriousness of the offence, proportionality, previous convictions, and guilty pleas
• What are aggravating factors in sentencing?


  Factors that make matters worse and can increase the sentence
• What are mitigating factors in sentencing?


  Factors that reduce the sentence and are in favor of the offender
• What is the reduction for a guilty plea at the first opportunity?


  One third reduction of the sentence
• What is the reduction for a guilty plea after the trial has started?


  One tenth reduction of the sentence
• What are the main criticisms of the sentencing policy in the UK?


  • Rising prison population
  • Concerns over reoffending rates
  • Increasing number of women sentenced to imprisonment