Sentencing

• Types of sentencing:

  • Custodial sentence
  • Community order
  • Fine
  • Discharge
• What is a custodial sentence?

  A prison sentence.
• The Sentencing Act 2020 sets out that a custodial sentence can only be imposed if the offence is so serious that neither a fine or community order is enough.
• Types of custodial sentence:

  • Mandatory Life
  • Discretionary Life
  • Fixed Term
  • Suspended sentence
• What is a tariff?

  The minimum term spent in prison before D is eligible for parole.
• A judge must set a tariff for any custodial sentence. Once tariff is served, a meeting with the Parole Board is held.
• What is the Parole Board?

  An organisation that exists to review prison sentences.
• What does it mean to be "On License"?

  The offender has been released from prison (granted parole) but must serve the remainder of their sentence under supervision.
• What is a life sentence?

  A sentence that lasts for the rest of your life.
• What custodial sentence must a Judge pass for murder?

  Mandatory life sentence
• What is a Discretionary Life sentence?

  Where the judge can order life in prison but doesn't have to. Usually for crimes like manslaughter.
• What is a Whole Life Order?

  A life sentence with a minimum tariff of life.
• Whole Life Orders usually apply to serious murders such as:

  • Killing of children with sexual element (Moors murderers)
  • Serial killings (Peter Sutcliffe aka Yorkshire Ripper)
  • Politically motivated killings (Thomas Mair)
  • Religiously aggravated killings (Adebolajo + Adebolawe)
• What is a Fixed Term sentence?

  A fixed amount of time in prison.
• Judges follow sentencing guidelines which give a starting point, a minimum and a maximum sentence.
• What is a suspended sentence?

  A custodial sentence where the offender doesn't go to prison provided that they don't reoffend and comply with conditions imposed.
• Suspended sentences can only be used for custodial sentences of up to 2 years and can only be suspended for up to 2 years.
• What is a Community sentence?

  A court order that allows the offender to give back to the community and change their behaviour. These are specific to each individual.
• The Sentencing Act 2020 sets out that the court can impose any combination of 14 conditions.
• Examples of Community Orders:

  • Unpaid work
  • Prohibited activity
  • Curfew
  • Mental Health treatment
  • Drug rehab
  • Alcohol treatment
• Fines are the most common type of sentence because they are given for summary offences such as minor driving offences. Fines are paid to the state.
• If a fine isn't paid, a Further Steps Notice is issued which informs of the steps which may be taken against you if payment isn't made within a certain time-frame.
• To be discharged is to be released.
• Types of discharge:

  • Conditional
  • Absolute
• What is conditional discharge?

  Released on the condition that no further offences are committed for up to 3 years.
• What is absolute discharge?

  Released without any conditions. Offender is morally blameless.
• Aggravating factors are things about the offender/offence that make the situation worse and therefore make their sentence more harsh.
• Mitigating factors are things about the offender/offence that make the situation less serious and therefore make their sentence more lenient.
• Examples of Aggravating factors:

  1. Very young/old victim
  2. Abused position of trust
  3. Offence committed on bail
  4. Use of weapon
  5. Premeditation
• Examples of Mitigating factors:

  1. First time offender
  2. Shows remorse
  3. Vulnerable defendant
  4. Guilty plea
  5. D has difficult home life
• What's considered when passing a sentence:

  1. Mitigating factors
  2. Aggravating factors
  3. Pre-sentence reports
  4. Medical reports
  5. Sentencing guidelines
• What are pre-sentence reports?

  A report written by the probation service detailing offender's background (e.g previous offences). Usually recommends suitable sentence for the offender.
• Medical Reports

  If the offender has a physical or psychological issue, the judge will ask for a detailed medical report.
• Sentencing Guidelines

  The Sentencing Council has produced guidelines for every offence.
• Aims of sentencing:

  • Denunciation
  • Reduction of crime rates
  • Punishment
  • Reparation
  • Rehabilitation
  • Public protection
• Denunciation

  To publicly condemn. Public outcry or media coverage = harsher sentence.

  • Lengthy custodial sentences
  • Large fines
  • E.g driving ban for dangerous driving
• Reduction of crime rates

  Done through deterrence = discouraging people.

  1. individual deterrence: stops individual from reoffending.
  2. general deterrence: discourages public

  • Lengthy prison sentence
  • Suspended sentence
• Punishment

  Retribution or "an eye for an eye". Offender deserves it. The sentence must be proportionate to the crime.

  • Whole Life Orders
• Reparation

  Repairing a situation and restitution. Pay compensation or return stolen property.

  • Community Orders : unpaid work
• Rehabilitation

  Reform their behaviour to reduce crime in the future by altering their mindset. Aimed more at young offenders.

  • Community Orders