Section A

• Sentencing Guildines are made by The Sentencing Council
• four types of sentencing

  custodial sentencing

  fines

  community order

  Discharge
• when judges or magistrates pass a sentence, they must decide what they are trying to achieve. S57 the sentencing act 2020
• judges and magistrates must consider

  1.the punishment of the offenders

  2.the reduction of crime

  3.the reform and rehabilitation of offenders

  4.the protection of the public

  5.the reparation by offenders to the persons affected
• Punishment

  Whereby the offender deserves punishment for the acts committed. Each offence has a certain tariff of sentencing, these guidelines are produced by The Sentencing Council
• Deterrence

  Looks at the future behaviour of the offender, reducing crime.

  individual deterrence-ensures that the offender does not reoffend by the sentence they receive.

  general deterrence-aimed at preventing other potential offenders, making the public aware of the sentences the offender receive.
• Examples of deterrence

  • long custodial sentences
  • heavy fines
• Examples of punishment

  • custodial sentences which are equal to the crime committed
• Reform

  The aim is to rehabilitate the offender back into society, to change the offenders behaviour as a result. Often used with substance abuse or behaviour management.
• Examples of Reform

  • individualised sentence
  • community order
• Protection of the public

  The public needs to be protected from dangerous offenders. The Criminal Justice Act 2003 introduced a provision if the offender is a significant risk to members of the public in the future they must be imprisoned.
• example of protection of the public

  • long prison sentences
  • tagging
  • banning orders
• Reparation

  Aimed at compensating the victim in addition to any other penalty. Another aim is to bring offenders and victims together to make direct reparation.
• Examples of reparation

  • compensation order
  • unpaid work
  • reparation schemes
• Denunciation

  society expressing its disapprova, reinforcing moral boundaries.

  examples: increasingly severe sentences
• The courts will consider three things when deciding what sentence to pass:

  • The offence
  • sentencing guidelines
  • the offenders background
• Aggravating factors

  • previous convictions of a similar nature
  • if the defendant was on bail when committing the offence
  • racial or religious hostility whlist being involved in the offence
  • hostility to disability or sexual orientation being involved in the offence
• Mitigating factors

  • mental illness of the defendant
  • physica illness of the defendant
  • no previous convictions
  • evidence of genuine remorse
• Types of sentences

  1. custodial
  2. community service
  3. fines
  4. discharge
• Custodial

  • most serious punishment. can range from a few weeks to life imprisonment.
  • Should only be imposed if the offence is so serious that a fine or community service cannot be justified. S230 sentencing act 2020.
  • life sentence (mandatory and discretionary), fixed term sentences, suspended sentences.
• Sentences

  • mandatory life sentences- murder is the only sentence cabable of a life sentence. Minimum number of years imprisonment is 12 years before being eligible for release on license. Governed by Criminal Justice Act 2003
• Community orders

  • combine any requirements that are necessary. These are set out in s201 Sentencing Act 2020. eg. unpaid work, curfew requirement, mental health treatment…
• Community order- unpaid work

  • work for between 40 and 300 hours. Numbers are fixed by the court. usually worked in 8 hour sessions
  • the types of work is varied on what schemes the local probation service is running
• community order-prohibited activity

  • a wide variety of activities to be prohibite. Prevents the defendant from committing another crime of the same type.
  • eg. Isn’t allowed in certain areas where they have caused trouble
• Community order-curfew

  • the offender must be at a certain address for between 2 and 16 hours in any 24 hour period.
  • can last for up to 6 months and is enforced by electronic tagging
  • monitoring is don’t by spot-checks
• Fines

  • fines can be imposed for any offence except murder
  • the max fine will depend on the offence committed
  • the defendant has to pay £15 towards victims and witnesses services
  • in the Crown Court, there is no maximum limit to fines
• Discharge

  • A conditional charge or an absolute charge
  • Conditional charge-court discharges an offender on the condition that no further offence is committed
  • Discharge is no penalty is imposed
• Custodial-fixed term sentences

  • Imprisonments set for a number of months or years, prisoners do not serve the whole of the sentence they are automatically released after they have served half of their sentence
  • The length of a sentence depends on the crime committed
• Custodial-suspended sentences

  • A sentence can be suspended for up to 2 years
  • The sentence does not take affect immediately if the offender is not reoffend the sentence will never be served
  • The offender reoffends the prison sentence will be reinforced
• Magistrates

  • Not required to hold any legal qualifications
  • They sit as a bench of two or three, one being chairman and the other wingers
  • Accompanied by a legal advisor
• Magistrates-qualifications

  • Requirements are set out in justices of peace act 1976 and amended by court act 2003
  • Age-must be between 18 and 65
  • Commitment-must be available at least 26 half days or 13 full days each year. The employment rights act 1996 employers are required to give reasonable time of work
• Magistrates-qualifications

  1. Area-expected to live near the local justice area there are allocated
• Magistrates- personal qualifications

  1. good character
  2. Understanding and communication
  3. Social awareness
  4. Maturity and sound temperament
  5. Sound judgement
  6. Commitment and reliability
• Magistrates-restrictions

  • people with serious criminal convictions
  • Undischarged bankrupt
  • Enforcement of the law
  • Close relatives of those working in the local criminal justice system
• Magistrates-selection n appointment

  • 700 new magistrates are appointed each year
  • Power to appoint magistrates is to senior presiding judge made on the behalf of the king
• Three categories

  Summary offences-least serious offences and only heard magistrates court

  Triable either way offences-middle range offences. Can be tried in magistrates Court or Crown Court

  Indictable offence-most serious crimes and only heard at Crown Court with a jury
• Jurisdiction of criminal courts

  Magistrates-A sentence limit of £5000 fine and or six months imprisonment

  Court-no sentencing or fine limit. Trials ahead by a judge and a 12 person jury
• pre-trial procedures

  • Stage between an offence and a trial
  • The charge a suspect if they have enough evidence and send all of their evidence to Crown prosecution service
  • The CPS will list the case for trial at one of the 2 quarts magistrates or crown court
• Pre-trial procedure for summary offences

  • Whether the defendant plead guilty and is legally represented the magistrates will continue the case and decide the sentence straight away
  • If the defendant is bleeding not guilty the magistrates must have a first hearing try to discover the issues and proceeded as quickly and efficiently as possible
• Pre-trial procedure for tribable either way offences

  1. Plea before venue-defendant is asked whether he pleaD’s guilty or not guilty
  2. If guilty magistrates will hear fax and decide whether they have sufficient sentence in powers
  3. If not guilty of trial hearing occurs when magistrates decide whether or not to accept jurisdiction
  4. If they accept jurisdiction, defendant uses place of trial if they refuse jurisdiction they send it to Crown Court