sentencing

• What are the aims of sentencing?

  Retribution, deterrence, protection, rehabilitation, reparation
• What is the classic aim of retribution in sentencing?

  Punishing the defendant for their offence
• How should the punishment relate to the crime in retribution?

  The punishment must fit the crime
• What are the pros and cons of retribution?

  Pros:

  • Establishes social order
  • Provides closure for the community
  • Holds offenders accountable

  
  

  Cons:

  • Costly and overcrowded prisons
  • Emotional satisfaction over actual resolution
  • Lack of flexibility
• What was the average direct cost per prisoner in England and Wales for 2022-23?

  £33,628
• Why should punishment for offenders be a priority?

  They need to pay for their actions
• What is the second priority in sentencing according to the material?

  Protection of the public
• What happens if someone is given a shorter sentence?

  They may re-offend without rehabilitation
• What are the proven reoffending rates for adult offenders?

  29%
• What are the proven reoffending rates for juvenile offenders?

  33%
• What is the reoffending rate for adults released from prison?

  39%
• What are the two forms of deterrence?

  Individual and general deterrence
• What is the aim of general deterrence?

  To deter others from committing crimes
• What are the pros and cons of deterrence?

  Pros:

  • Prevents undesirable behavior
  • Discourages violence
  • Enhances social values

  
  

  Cons:

  • May lead to unfair trials
  • Creates sentencing inconsistencies
  • Can increase group tensions
• What does protection of society aim to achieve in sentencing?

  To protect the public from the offender
• What is the goal of rehabilitation in sentencing?

  To prevent the offender from reoffending
• What does the Sentencing Act 2020 offer for community sentencing?

  Helps both the offender and the community
• What was stated in the PCSC Act 2022 regarding community orders?

  They should include some level of punishment
• What are the pros and cons of rehabilitation?

  Pros:

  • Supports mental health of offenders
  • Benefits the economy with workforce participation
  • Reduces prison population strain

  
  

  Cons:

  • Does not prioritize victim feelings
  • May be a short-term fix
  • Stigma may lead to reoffending
• What is reparation in the context of sentencing?

  Paying back to society what was taken
• What does the Sentencing Act 2020 do?

  Consolidates previous legislation into one code
• What age range defines youth offenders?

  10-17 years old
• Where are youth offenders usually tried?

  In youth court unless serious enough
• What was consolidated in the case of Thompson + Venables v UK 1999?

  The role of the youth court
• What is a youth court environment designed to ensure?

  Everyone is on the same level
• What is the purpose of a Youth Restorative Disposal (YRD)?

  To address minor crimes with support
• What is a Youth Conditional Caution?

  A caution with conditions for serious offences
• What do Youth Rehabilitation Orders (YROs) aim to do?

  Reduce reoffending and youth custody
• What are the requirements of a Youth Rehabilitation Order (YRO)?

  • Activity
  • Electronic monitoring
  • Unpaid work
  • Curfew
  • Education
  • Prohibited activity
  • Exclusion
  • Supervision
  • Local authority residence
  • Mental health treatment
  • Drug testing
• How should youth fines be determined?

  Reflect the offender's ability to pay
• What is a Referral Order under the Sentencing Act 2020?

  For first offences when pleaded guilty
• What does a Reparation Order allow an offender to do?

  Take responsibility for their actions
• What can happen if a parent breaches a Parenting Order?

  They can face a fine of up to £1000
• What are the types of discharges in sentencing?

  • Conditional discharge: No punishment if no reoffending
  • Absolute discharge: Released without punishment
• What is a Detention and Training Order (DTO)?

  A prison sentence for 12-17 year olds
• What is the duration of a Detention and Training Order?

  4, 6, 8, 12, 18 months or 2 years
• What happens during the first half of a Detention and Training Order?

  Children are in custody
• What happens during the second half of a Detention and Training Order?

  Children are supervised by the Youth Offending Team
• What can happen if supervision requirements are breached in a DTO?

  Sent back to custody for up to 3 months
• What is Detention for Life under the Sentencing Act 2020?

  Imposed for serious risk of harm to public