Term
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Definition
Punishing the individual in the expectation he will not offend again
Long Prison Sentence/ Heavy Fine |
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Term
| Name the legislation that sets out the aims of sentencing |
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Definition
| S142 Criminal Justice Act 2003 |
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Term
| Aims of sentencing as set out in CJA 2003 |
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Definition
Punishment
Deterance (specific and general)
Reparation
Rehabilitation
Protection of the Public
Denunciation |
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Term
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Definition
People in general will be put off from committing the crime by threat of punishment.
Long Prison Sentence/Heavy fine |
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Term
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Definition
General Deterrence requires publicity of a heavy sentence
Deterrence relies on probability of being caught
Assumes offenders stop and think before they offend |
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Term
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Definition
'Eye for and Eye'
If a person has knowingly done wrong they should be punished |
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Term
| What did the Crime, Justice and Protecting the Public 1990 white paper achieve? |
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Definition
Lead to the Criminal Justice act 2009 - Aim was to ensure criminals got their "just desserts"
Introduced new tariffs,
Sentencing Guideline Councils sets out sentencing guidelines for certain offences |
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Term
| Who sets out sentencing guidelines |
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Definition
| Sentencing Guideline Council |
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Term
| What white paper encourage the creation of the criminal justice act and the sentencing guidelines? |
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Definition
| Crime Justice and Protecting the Public 1990 |
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Term
| Incapacitation/Protection of the Public |
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Definition
Punishment must serve a purpose, either to protect the people or to protect the offender in some way
Offender is made incapable of reoffending - Driving ban/ Prison |
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Term
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Definition
Making amends to the victim - returning stolen property
or to society as a whole - community service
Direct contact - meeting with the victim |
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Term
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Definition
| Show society's disapproval of the conduct - sentence sends message to offender and public that the activity is not acceptable and that justice is being done |
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Term
| s143(1) Criminal Justice act says what? |
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Definition
| In considering the seriousness of the offence, the court must consider the culpability of the offender in committing the offence and any harm which the offence caused, was intended to cause, or may reasonably have foreseeably caused. |
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Term
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Definition
-Racially motivated
-Previous Convictions
-D was on bail
-Hostility to disability/sexuality
-Breach of trust
-Joint offenders - one that took the lead |
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Term
| Reduction in sentence for guilty plea |
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Definition
1/3 if at reasonable opportunity
1/4 after trial is set
1/10 at door of court or once trial starts
20% max if guilt is overwhelming |
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Term
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Definition
-Genuine Remorse
-Early Guilty Plea
-No previous convictions
-Age of defendant at time of offence |
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Term
Originally how were sentencing guidelines set?
Example case?
Problem with this? |
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Definition
Originally set by the court of appeal
Could only be done when an appropriate case came up
R v Billam - set tariff for rape cases |
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Term
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Definition
| Set tariff for rape cases when the court of appeal used to set sentencing guidelines |
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Term
| Sentencing advisory panel |
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Definition
| Set up in 1998 to give advice to the court of appeal on guidelines - COULD ONLY GIVE ADVICE |
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Term
| Sentencing guidelines council |
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Definition
Set up by the criminal justice act 2003
Can issue guidelines with respect to sentencing,
If sentencing advisory panel or secretary makes a proposal, they must make guidelines on this point. |
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Term
| Sentencing guidelines council considerations |
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Definition
-The need for consistancy
-Sentences imposed by courts for
offences of the relevant catagory
-Cost and Relative effectiveness at preventing reoffending
-Need to promote public confidence in the justice system
-Views of sentencing advisory panel |
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Term
| Achievements of the sentencing guidelines council |
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Definition
| Guidelines for Robbery, Sexual offences,Assault and other offences against the person, Attempted murder |
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Term
| 4 main types of sentence available to the courts |
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Definition
-Custodial Sentences
-Community Sentences
-Fines
-Discharge
(Additional powers to make compensation orders/ disqualification from driving) |
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Term
Custodial Sentence
(seriousness of punishment
sentencing ranges
when a court can pass a custodial sentence ACT)
Relevance of age of the offender |
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Definition
Most serious punishment a court can impose.
Sentencing ranges from 'Weekend prison' to life sentences:
Mandatory life sentences
Fixed term sentences
Custody plus (short term sentences)
Intermittent custody
Suspended sentences
S152 Criminal Justice Act 2003 - Courts should only impose custodial sentences where the offence was:
"so serious that neither a fine alone nor a community sentence can be justified."
Young offenders should only be given a custodial sentence as a last resort - where this happens they must be held in a separate unit.
Court must state it's reason for imposing a custodial sentence.
MAGs - the reason must be written on the warrant of commitment in the court register. |
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Term
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Definition
The only sentence a judge can impose for murder is a life sentence.
The judge is allowed to state the minimum number of years before being able to release on licence.
S269 sch21 Criminal Justice Act 2003 gives judges clear starting points from a full life term down to 12 years. |
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Term
| Where whole life sentence should be imposed |
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Definition
-Murder of 2 of more persons, with a substantial amount of pre-planning/meditation,or abduction of victim or sadistic or sexual conduct.
-Murder of a child if involving sadistic or sexual conduct
-A murder done for the purpose of advancing a political or religious cause.
-A murder by an offender previously convicted of murder. |
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Term
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Definition
| Other serious offences -m/s, rape, robbery - the maximum sentence is life but the judge has discretion, can even be fine or discharge. |
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Term
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Definition
For other crimes, the length of the sentence will depend upon various factors - including max. sentence available and D's record.
Prisoners do not serve the whole sentence, they serve only half:
for sentences under a year, the remaining time can be added on to any other charges after time served
for sentences over a year, the other half is served in the community. |
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Term
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Definition
| Crime and Disorder Act 1998 - allows for early release on the condition that curfew is imposed. - NO AUTOMATIC RIGHT |
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Term
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Definition
| Dangerous offenders, for public protection where there is significant risk, court can impose life. |
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Term
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Definition
| Can only be imposed where there is significant risk, Allows the court to impose maximum sentence + a period which the offender is subject to licence. |
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Term
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Definition
A court can suspend a sentence for adult offenders for up to 2 years (6 months MAGs)
If another offence is committed, the suspended sentence is activated.
If no offence is committed during this time no prison time will be served. |
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Term
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Definition
s177 (1) Criminal Justice act 2003
Where a person over 16 is convicted, the court can make an order imposing:
-unpaid work requirement
-prohibited activity requirement
-curfew requirement
-residence requirement
-alcohol treatment requirement
-drug rehabilitation requirement |
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