Fichas
sentencing practice
Fichas del conjunto (22)
- 1sentences ought to be...proportionate to the crime (tariffs)
consistency across the system
(sentencing council and guidelines)
fairness/compassion - 2considerations for the court-offence
-background
-sentencing aims
situation if D pleads guilty- relevance of newton hearing- will be held to establish which facts have been proven beyond reasonable doubt(may disagree)
(plea before venue) - 3custodial sentencesmandatory life sentences and discretionary
fixed-term sentences
suspended sentences
custodial sentences are meant to be used only for serious offences. s 152 of the criminal justice act 2003 says that the court must not pass a custodial sentence unless it is of the opinion that the offence "was so serious that neither a fine alone nor a community sentence can be justified" - 4mandatory life sentenceswhole life,
starting point of 30 years,
starting point of 15 years
for under 18s it starts at 12 years - 5whole lifethe murder of two or more, involving planning, abduction, or sexual or sadistic conduct
the murder of a child involving abduction, sexual or sadistic motivation
a murder done for political, religious or ideological cause
a murder by an offender previously convicted of murder - 6starting point of 30 yrsthe murder of police or prison officer in his course of duty
a murder using firearm or explosive
murder was sexual or sadistic murder of an adult
racial or religiously aggravated - 7starting point of 15 yearsfor any offence of murder which is not specifically given a starting point of whole-life term or 30 years
- 8discretionary life sentencesfor other serious offences such as manslaughter, rape, robbery the maximum sentence is life imprisonment but the judge does not have to impose it.
can be a lesser sentence where appropriate like a community order or even a fine or discharge - 9fixed term sentencesfor other crimes, the length of the sentence will depend on several factors, including the maximum sentence available for the particular crime, the seriousness of the crime and defendants previous record. its a sentence for a set number of months or years.
they only serve half. only 21s or over can be given the sentence of imprisonment - 10extended sentences 85 of the powers of criminal courts Act 2000 gives the sentencing court the power to pass an extended sentence for a sexual or violent crime.
given a custodial sentence plus a further period (extension period) during which the offender is at liberty on license. - 11minimum sentencesminimum of 7 years of anyone aged 18 or over who is convicted on three separate occasions of dealing in class A drugs.
also a minimum of three years for those convicted of burglary of a residential building for a third time - 12suspended prison sentenceup to 2 years suspended. this means that the sentence does not take effect immediately. the court will fix a time during which the sentence is suspended; this can be for any period up to two years. if, during this the offender does not commit, the prison sentence will not be served. if they do offend, then the prison sentence is activated and the offender will serve their original sentence and their sentence for the most recent offence.
- 13home detention curfewthe crime and disorder act 1998 allows early release from prison on condition that a curfew condition is included. enforced by electronic tagging
no automatic right, must be assessed to see if they're suitable. - 14community ordersCJA 2003 created one community order under which the court can combine any requirements they think are necessary
can mix and match
available for offenders 16 and over
unpaid work requirement
an activity requirement
a programme requirement
a prohibited activity requirement
a curfew requirement
an exclusion requirement
a residence requirement
mental health treatment requirement
drug rehabilitation
alcohol treatment
for under 25s, an attendance centre requirement. - 15unpaid work requirementbetween 40 and 300 hrs
the exact number will be fixed by the court
usually 8 hour sessions, often at weekends
may be required to paint school buildings, help build a play centre or work on conservation projects
lowest re offending rate - 16prohibited activity requirementthe idea is to try to prevent the defendant from committing another crime of the type he has just been convicted of. often the defendant is forbidden to go to a certain area where he has caused trouble. in some cases, banned from wearing a hoodie,or paint, dye, markers if convicted of criminal damage
- 17curfew requirementcan be ordered to remain at fixed address for between 2-16 hours in any 24 hour period.
this can last up to 6 months and may be enforced by electronic tagging
quite expensive, but cheaper than prison - 18exclusion requirementordered not to go to certain places
can specify different places for different periods or days.
keeps offenders away from areas where they are most likely to commit crime, for example, a shoplifter banned from a shopping areas.
can be for up to 2 years for offenders 16+ and a max of 3 months for under 16 - 19supervision requirementthe offender is placed under the supervision of a probation officer for a period of up to 3 years. during this period, the offender must attend appointments with the supervising officer or with any person decided by the officer. CJA 2003 'promoting the offenders rehabilitation'
- 20finesmags court, max fine is £500 for an individual offender
the mags can impose a fine of up to £20,000 on businesses who have committed offences under certain regulationss, such as health and safety at work - 21discharges: conditionalcourt discharges the offender on the condition that no further offences is committed during the set period of up to 3 years.
used where punishment not necessary
if re-offends within time limit, the court can impose another sentence in place of the discharge, as well as imposing a penalty for the new offence. - 22discharges: absoluteeffectively, no penalty is imposed.
used where the offender is technically guilty but morally blameless.
could be where tax disc on car has fallen off on to the floor.
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- english legal system Fichas sobre sentencing practice, creado por veton_vishka el 11/05/2015.
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- veton_vishka
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