sentencing

• what guidelines do magistrates follow for sentencing?

  The magistrates court and magistrates assosication guidelines
• what guidelines do judges have to follow in terms of sentencing?

  The Court of Appeal guidelines & the sentencing act 2020
• what are the five aims of sentencing?

  Retribution

  Deterrence

  Rehabilitation

  Public protection

  Reparation
• what is the idea of retribution based off of?

  The idea that the offender deserves punishment for their conduct.
• What is a retributive sentence?

  A sentence that is proportionate to the seriousness of the offence- thats what the offender deserves
• What does the criminal justice act say in terms of the sentencing aim of retribution?

  Proportionality is the leading aim
• what is the propose of deterrence in terms of sentencing?

  it is concerned with the prevention of future crimes being comitted
• what is individual deterrence?

  It is the deterrence of a particular offender from committing further crimes
• What is general deterrence?

  The process of deterring potential lawbreakers from offending
• What aim are exemplary sentenced passed under?

  Deterrence
• what is the idea of rehabilitation in terms of setencing?

  The idea here is to use sentencing to reform theoffender, so that he is less likely to commit offencesin the future, by education, training and other help.
• What is the point of the aim of sentencing of protection of society?

  The present sentencing system provides a degree ofpublic protection by placing some offenders incustody, and therefore preventing them fromcommitting further offences.
• What legislation introduced the sentencing aim of reparation?


  The criminal justice act 2003
• What does reparation involve in terms of sentencing?

  it involves an offender giving a remedy to their victimsor society.
• what is a custodial sentence?


  When the offender is sent to prison
• what is a community sentence?

  A sentence which restrict's the Offender's freedom without being in custody
• What is a fine?

  A financial penalty
• What does it mean by binding over?

  The Offender must keep the peace, or be on good behaviour for a fixed amount of time
• what is absolute discharge?

  here the conviction will appear on the Defendant’s criminal record; however the courts take no further action against the Defendant
• What is condition discharge?

  where the D is convicted without a sentence on the condition that he does not re-offend within a specified period of time (between 6 months and 2 years).
• when can custodial sentences be used?

  If the offence is so serious that a custodial sentence is justified, or if the offence is violent / sexual which needs the public to be protected
• When will an offender be released if their sentence is up to four years?

  They will be automatically rleased after half the sentence is served
• When will an offender be released early if their sentence is larger than 4 years?

  After a half or two thirds of the sentence has been served
• When are mandatory life sentences used?

  In murder cases- the judge will state the minimum years for the offender to serve which begins at 12 years
• What is a suspended sentence?

  Where a court passes a sentence of up to two years’imprisonment, it may order that the sentence willnot take effect unless the offender commits anotherimprisonable offence during a fixed period ofbetween one and two years.
• what gives the requirements for someone to be sentenced community service?

  section 177 of the criminal justice act 2003
• does the crown court have a limit of the fines they can give?

  No
• when assigning a fine to an offender, what must the court consider?

  The nature of the offence and the D's circumstances
• What legislation established the sentencing framework, maximum and minimum sentences of criminal offences in wales and england?

  The coroners and justice act 2009
• what is the purpose of the sentencing act 2020?

  It creates a sentencing code, and rules for the various types of sentences
• What factors are considered by the courts when sentencing someone?

  seriousness of the offence

  If the public need protection

  Proportionality

  statistical data of crime

  Impact of overcrowding in prisons

  Offender's previous convictions

  What offender plead

  Agggravating factors

  Mitigating factors
• what is an aggravating factor?

  Something which makes matters worse for the offender, which will raise their sentence.
• What are examples of aggravating factors?

  Racial motivation

  Extensive injuries on Victim

  Group action

  If the offender was in a position of authority

  If the offence was planned

  If the victim was vulnerable

  If the victim is in the public service

  if a weapon was used

  Previous convictions, and if they've been responded to at all
• what are examples of mitgating factors?


  if the offence was on impulse

  Victim's injuries were minor

  Offender was provoked

  Single blow

  Age, physical, mental health of the offender

  If offender cooperated with the police

  If the offender plead guilty

  If the offender was remorseful
• What proportion of offenders plead guilty at the earliest opportunity?

  One third
• What proportion plead guilty after trial has began?

  A tenth