Sentencing
15 important questions on Sentencing
What are the factors in sentencing?
- The offence
- Sentencing guidelines
- The offender's background
What is the power of the Crown Court in terms of fines?
What are the aggravating factors in sentencing according to the Criminal Justice Act 2003?
- S143(1) Criminal Justice Act 2003
- Defendant on bail when offence committed
- Racial or religious hostility
- Hostility to disability or sexual orientation
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What are the aims of sentencing according to the notes?
- Judges consider sentencing options and what they aim to achieve.
- Criminal Justice Act 2003.
- Protection of the public.
- Retribution/Punishment.
- Deterrence.
- Reform/Rehabilitation.
What are the types of custodial sentences mentioned?
- Mandatory & discretionary
- Life sentences
- Fixed-term sentences
- Suspended sentences
What are the types of discharge in sentencing?
- Conditional: Court allows offender to not commit any offence during a set period of 3 years.
- Absolute: No penalty imposed.
What is reparation in the context of sentencing?
- Offender compensates the victim or society.
- Ordered to pay a sum of money to the victim for restitution.
- Reduction of crime and justice of the victim.
What are the mitigating factors in sentencing?
- Co-operating with police
- Mental illness
- Physical illness
What is a mandatory life sentence and when can it be set?
How is denunciation described in the notes?
- Society expressing disapproval of criminal activity.
- Reflects blameworthiness of the offence.
Describe a community order and its purpose.
How does a guilty plea affect sentencing?
- First reasonable opportunity: 1/3
- After trial set: 1/4
- Door of court or after trial begins: up to 1/10
What is the purpose of long-term imprisonment according to the notes?
- Given to people who need to be put away to protect the general public.
- Linked to rehabilitation.
- Alter offender behavior to conform to community norms.
How does the concept of deterrence function in sentencing?
- Giving punishment to put the defendant off.
- Prevents them from offending due to fear of punishment.
- Prevents other crimes.
What is a discretionary life sentence and for which offense is it applicable?
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