Zusammenfassung der Ressource
Sentencing
- Factors
- Mitigating
- Mental
illness
or
disability
- Ready
co-operation
with
authorities
- Youth or age,
where it affects
the
responsibility of
the individual
defendant;
- Aggravating
- Offence
committed
whilst on bail
for other
offences
- Use of a
weapon to
frighten or
injure victim
- Abuse of a
position
of trust
- Aims
- Reduction
of Crime
- An aim of sentencing is
to punish in a way that
reduces offending. One
way of doing this is to
impose severe
sentences for crimes so
offenders are deterred
from re-offending.
- Punishment
- The aim of
punishment is the
idea that if some
one has broken the
law they should be
punished and get
what they deserve.
- Reparation
- This is where the
sentence tries to
ensure the offender
makes amends.
Reparation may be
achieved through
compensation.
- Protection
of the
Public
- To achieve the aim of
protection of the public
the offender is given a
sentence that makes
them incapable of
committing another
crime
- Reform
and
Rehabilitation
- Another aim behind the
sentence could be to
reform the offender and
rehabilitate him into
society. This aim usually
involves help to alter the
offender's behaviour so
he won't re-offend.
- Sentences
- Custodial
- A discretionary life
sentence can be given
for s.18 OAPA 1861.
The maximum
sentence is life
imprisonment, but
the court can give any
lesser sentence where
appropriate.
- . A fixed-term
prison sentence is
a term of
imprisonment for
a set number of
months or years.
- Community
Order
- An unpaid work
requirement (where the
offender has to carry out
unpaid work between
40-300 hours over a year
on a project organised
by the probation service).
- One example
is painting
school
buildings.
- An
alcohol/drug
treatment
requirement.
- A supervision
requirement (where
the offender is placed
under the regular
supervision of a
probation officer for a
period of up to 3
years).
- A curfew requirement (where
the offender must remain at a
fixed address for between
2-16 hours in any 24 hour
period. This can be for a
maximum of 6 months and
the offender is usually
electronically tagged).
- Financial
- A fine paid
to the
state
- A compensation
order paid to
the victim
- Discharge
- A conditional discharge
(where if the offender
commits a further
offence in the stated
period, then they can
be re-sentenced for the
original offence)
- An absolute
discharge (no real
penalty is imposed
as the offender is
technically guilty but
morally blameless)