Zusammenfassung der Ressource
Sentencing
- Aims of Sentencing
- Deterrence
- Prevent crime
by hurting the
victim
- There are 2
types of
Deterrence
- Individual Deterrence:
Where D is deterred
from reoffending.
- General Deterrence:
Where the public is
deterred from
committing the crime, D
is made an example of.
- Harsh Punishments
- Not too concerned with fairness
- Retribution
- Hurt the
offender by
punishing them
- Society demands that
an offender must be
punished to make up
for the crime they
committed.
- Harsh punishments
- Normally involves
a custodial
sentence
- Rehabilitation
- Prevents crime by
helping the offender
overcome their
habits/behaviour
- Addresses the cause of the
habits/behaviour (ie Drug
Addiction or Peadophillia)
- Takes the long term approach
- Drug Rehab can take a while
- Tries to avoid Custodial Sentences
- Public Protection
- Prevents crime by taking D out of society
- Put D in jail for
a life sentence
(15 Years +)
- D cannot commit
crimes if they are
not free
- Typically
long
custodial
sentences
- Often for Sexual
or Violent
offences
- Reparation
- Intends to
punish the
offender by
making them
do unpaid work
or pay a fine.
- Society
demands
that an
offender
must be
punished
- D pays a
fine/compensation
order
- D does unpaid work
- Aggravating and
Mitigating factors
- Aggravating Factors
- Vunerable
Victim
- Very Old or
Very Young
- Disability
- Breach of trust
- Teacher + Pupil
- Parent
- Committed
on
Bail
- Previous
Conviction
- Repeat
Offences
- Violent
past
- Weapon used
- A violent weapon
- Motive
- Radical Motive
- Sexual Motive
- Mitigating Factors
- Early Guilty Plea
- Cooperation with the Police
- Offer of
Compensation
- No Previous Conviction
- No
violent
history
- Genuine Remorse
- Pre-Sentencing Report
- Mental Health Problems
- "Good Kid"
- Sentencing Practice
- Custodial
- Mandatory
life
- Life = 15+ years
- The judge will specify
an amount, normally
more than 15 years.
- Whole life
sentence where
D is never
released
- For things
like:
-Terrorism
-2+ planned
murders
-Rape and
Murder of a
child
-Previous
murder
conviction
- Judge has no
other option
- Murder Only
- Criminal Justice
Act 2003
- Discretionary
Life Sentence
- For other (not
murder) serious
offences
- Judge has Sentencing
Choice
- Fixed Term Sentence
- Time set by judges
- Usually 50% of time is served
- Usual rules
for non-life
sentences
- Home detention
curfew order
- Crime and
Disorder Act
1998
- Where D is
released from
prison before
50% of the
time is
served.
- D wears an
electronic tag
so that the
state knows
where D is at
all times.
- Tracking
- Extended
Sentence
- A judge can
extend the
length of the
sentence
- For Violent offences, can
add up to 5 years on.
- For Sexual Crimes, can add
up to 10 years on
- Powers Of Criminal
Courts Act 2000
s85
- D serves main
sentence, then
the rest on a
licence
- If D commits another crime, they
go back to custody for the time for
the 2nd crime, plus the remaining
time for the 1st crime.
- Suspended Sentence
- Delays the start
of custody time
by up to 2 years
- If D commits a
crime while on a
suspended
sentence, they
are sent to jail to
serve origninal
jail time.
- Example: If D is given 3 years
custody, and a 2 year suspended
sentence, then D commits a crime
in those 2 years, D is then sent to
prison for 3 years.
- Community
- Unpaid work
- Has to be
between 40
and 300
hours
- Criminal Justice
Act 2003
- Prohibited Activity
- Banned from
doing certain
things
- Curfew Requirement
- D must remain at a
fixed address
- More than 2 hours,
less than 16 a day
- Can only be given for up
to 6 months
- Electronic
Tag fitted
- Only available if
there are curfew
arrangements
possible
- Exclusion
Requirement
- D is
forbidden
from
going to
certain
places
- Where they are
most likely to
commit a crime
- Supervision Requirement
- D is put under the supervision of a probation officer
- Max. of 3 years
- Criminal Justice
Act 2003
- For promoting
the offender's
rehabilitation
- Fines
- Financial Penalties
- D pay the fine to the court
that imposed it
- Can be paid once or in enstallments
- When D is on
benefits, can be
taken directly
from there
- Discharge
- D is free to go
- No further inquires
- Cannot be charged for the same crime twice