Sentencing

• list 5 aims of sentencing.


  Punishment

  Reform and rehabilitation

  Reduction of Crime

  Reparation

  Protection of the public
• Define mitigating factors and give 1 example.


  Factors that make the offence less serious and decrease the sentence.
• What is individual deterrence?

  aims to put a particular offender off reoffending by either a very severe sentence or threat of imprisonment.
• What is General deterrence?

  puts society off committing crimes by exemplary sentences or minimum sentences. Not concerned with fairness so may be harsher than usual tariff for the offence.
• What does retribution mean?


  for wrongdoing, society's revenge for the offence. The punishment should fit the crime- " an eye for an eye"
• What does denunciation mean?


  Society's outrage at the offence committed.
• What is Reform and Rehabilitation?


  A forward-looking aim - try to reform the offender to stop them from reoffending.
• Is reform and rehabilitation focused on longer term or shorter term?


  Focused on the longer term looking at the potential of the offender. e.g. Drug Rehabilitation Order.
• Reformation is a particularly important aim in sentencing who?


  Young offenders.
• What is reparation aimed at?

  compensating the victim of the crime, usually by ordering the offender to pay a sum of money to victim or making amends.

  Could also include reparation to society as a whole. For example, unpaid work requirement on a community project.
• What types of offences are given mandatory life sentences?

  murder and sexual offence.
• What is a life sentence?


  When someone is given a life sentence, they will be subject to that sentence for the rest of their life.
• What must a judge specify when passing a life sentence?


  the minimum term an offender must spend in prison before becoming eligible for parole.
• What is a suspended prison sentence?

  Where an offender is given a custodial sentence of up to 2 years, the judge or magistrates may choose to suspend the sentence for a period of up to 2 years.
• What happens if they don't comply with requirements of suspended prison sentence?


  The original custodial term will be "activated" and the offender will serve that sentence, together with the sentence they get for the new offence.
• Which type of custodial sentence is the most common?


  Fixed term sentences.
• What is a community order?


  A community order involves imposing one or more requirements which the courts can mix and match as necessary, reflecting the seriousness of the offence and the offender's needs.
• How many possible requirements are there in community order?


  13 which are set out in detail in Schedule 9 of the Sentencing Act 2020.
• What's the difference between fines and compensation orders?


  Fines are a sum of money paid to the state whereas compensation orders are money paid to the victim.
• What is an absolute discharge?


  no penalty is imposed. The court decides not to impose a punishment because the experience of going to court has been punishment enough.
• What is a conditional discharge?


  the court discharges an offender on the condition that no offence is committed during a set period of up to 3 years.
• What happens if the offender commits another offence whilst on conditional discharge?


  They can be sentenced for the first offence and the new one.
• What is a discharge?


  Given for the least serious offences. It means that the person is released from court without any further action but will still get a criminal record.