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Adult sentencing
youth sentencing
39 cards
Cards (62)
What is a suspended sentence?
A suspended sentence allows the
defendant
to remain free as long as they don't reoffend.
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What happens if a defendant with a suspended sentence reoffends?
They may be recalled to
prison
.
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What are the aggravating and mitigating factors in the judgment of R v Lavinia Woodward (2017)?
Aggravating factors:
Seriousness
of the
offense
,
impact
on the
victim.
Mitigating factors:
Personal circumstances
of the
offender
,
lack
of
prior offenses.
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How are the aims of sentencing reflected in the judgment of R v Lavinia Woodward (2017)?
The judgment reflects aims such as
rehabilitation
and
deterrence
.
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What should youth fines reflect?
Youth fines
should reflect the
offender's
ability to pay.
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Who is responsible for paying fines if the offender is under 16?
The responsibility falls on the
parent
or
guardian
.
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What are the two types of discharges mentioned in the Sentencing Act 2020?
Conditional discharge
and
absolute discharge
.
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What is a conditional discharge?
A conditional discharge is given with no sentence on the condition that the
offender
does not reoffend.
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What is an absolute discharge?
An absolute discharge means no
punishment
is given.
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What is the aim of a community sentence under the Sentencing Act 2020?
Aims to reduce
offending
Aims to decrease the number of youths in
custody
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What is the maximum duration for a community sentence?
The maximum duration is
3 years
.
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Who supervises a community sentence for youths?
A
youth offending team
supervises the community sentence.
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What happens if a youth breaches their community sentence three times?
They must go back to court and may face a period in custody.
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What requirement was added by the Police, Crime, Sentencing and Courts Act 2022 for community sentences?
Electronic tagging requirement
.
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What are four conditions that could be attached to community orders for youth offenders?
Regular meetings with a
case worker
Attendance at
educational programs
Community service hours
Curfew restrictions
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How do the conditions of community orders meet the aims of the Sentencing Act 2020, s 57?
They promote rehabilitation and reduce
reoffending
.
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What are the characteristics of the youth court?
Usually in the same building as
Magistrates' court
Not open to the
public
No
press
attendance
More informal atmosphere
Judges
do not wear wigs
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What age range defines youth offenders?
Youth offenders
are between the ages of
10-17
.
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Where are the most serious youth cases tried?
The most serious cases may be tried in
Crown Court
.
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What is the key case concerning youth trials and Article 6?
The key case is
T and V v UK
(
1999
) 30 EHRR 12.
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What was the argument made by T and V in their trial?
They argued that the Crown Court trial was incomprehensible to them, breaching
Article 6
.
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What legal principle was established in T and V v UK regarding youth trials?
The trial of a
young person
should be held in a courtroom where everyone is on the
same level
.
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What accommodations should be made for young defendants during trials?
Defendants should be permitted to sit with their family, and
public attendance
should be restricted if necessary.
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