Term
| What are the factors considered when sentencing? |
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Definition
Relevent legislation
Tariff
Aggraving factors
mitigating factors
early guilty pleas
custodial sentences
community sentences |
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Term
| What is relevant legislation? |
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Definition
| powers of the criminal court sentencing act and the Criminal justice act. alos guidance from the sentencing council |
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Term
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Definition
| system which is based on treating cases alike, if a similar offence is committed then a similar sentence should be too. |
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Term
| What are aggravating factors? |
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Definition
| any factors that will lead to a heavier sentence e.g racial or religous motivation |
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Term
| What are Migrating factors? |
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Definition
| any factors that will lead to a lighter sentence e.g age, good character or efforts to help the police |
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Term
| What are early guilty pleas? |
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Definition
| when the defendant pleads guilty early on, it can reduce the sentence by up to a third |
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Term
| What are custodial sentences? |
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Definition
| The most serious punishment a court can give |
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Term
| What are Community sentences? |
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Definition
| where the defendant has to give time to the community in any way the judge requests otherwise they will be sent to prison |
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Term
| What are the types of adult custodial sentencing? |
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Definition
Mandatory life sentence
Discretionary life sentences
fixed term sentencing
extended prison sentencing
minimum sentencing
suspended prison sentencing |
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Term
| What are Mandatory life sentences? |
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Definition
| sentences for murder and a second serious sexual or violent offence, normally around 20 years, but can range from 15 years - life |
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Term
| What are discretionary life sentences? |
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Definition
| when a serious but less serious offence is commited e.g manslaughter where the judge does not have to give a life sentence and is free to choose the most appropriate sentence |
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Term
| What are fixed term sentences? |
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Definition
| not a life sentence and prisoners are automatically released after half of their sentence. |
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Term
| what is an extended prison sentence? |
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Definition
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