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- 1what is the magistrates limitations in sentencing?6 months imprisonment for 1 offence
12 months for 2
and a maximum fine of £5000 - 2sentencing restrictionsTheft has maximum of 7 years (theft Act 1976)
burglary is 10-14 years
3 seperate offences of Class A drugs has a minimum of 7 years
offences such as rape/manslaughter have a maximum sentence of life imprisonment
murder is a mandatory life sentence - 3Aims of sentencingset under Criminal Justice Act 2003;
Retribution
deterrence
rehabilitation
public protection
reparation - 4Retribution (punishment)3 points;
1. Revenge- where punishment is seen as a vengeance for the offenders act
2. Denunciation- society condemning and disapproving criminal activity
3. Proportionality- the D should be punished to the extent his crime deserves; eg tariff sentences - 5DeterrenceIndividual- aim to punish offender to stop him re-offending. not effective as adult prisoners re-offend within 2 years of release.
General- aims to punish the offender so severely so that other potential offenders are deterred from committing similar offences. - 6Public protectionAim is to remove dangerous criminals out of society. Incapacitation means that in some ways the offender is made incapable of re-offending. E.G. Death penalty in America. also driving bans, electronic tagging etc.
- 7RehabilitationAim is to reform and rehabilitate offender into society. community sentences are used. Used importantly for youth offenders. not for persistent offenders.
Can be seen as inconsistancy in sentencing, as depends on the offender - 8ReparationAim is to compensate the victim. can be done by doing unpaid work or to make a restitution.
under s130 of the powers of the Criminal courts act 2000, courts are under a duty to give reasons if they do not make a compensation order to the victim of the crime. - 9Factors to consider when sentencing. seriousness of the offence
. offenders background
. aims of sentencing
. aggravating/mitigating factors - 10aggravating factorsfactors that make the offence worse;
. offenders past criminal record
. gang crimes
. weapons used
. mensreya- guilty mind - 11mitigating factorsfactors that make the offence less bad;
. financial situation of the offender; i.e. desperate?
. medical health of offender
. pleading guilty on first opportunity- this reduces the sentence by a third as it prevents unnecessary cost/delay - 12sentencing councilthe sentencing council 2010 was set up under Criminal justice act 2003
- 13what is a mandatory life sentence?serious cases like murder, have a mandotory life sentence. this is where the judge gives a minimum prison sentence using starting points. this cna range from 12- full life term.
- 14in what cases, are full life term sentences used?> murder of 2 or more people, involving violence and sadistic planning etc.
> murder and abduction of a child
> murder done for a racial, political, religious purpose
> re-murder offence - 15starting points of life sentences (tariffs)set out in s269 and s21 of Criminal Justice Act 2003
> murder of a police officer in line of duty is 30 years
> normally a 15 year starting point is given
> under 18, then a 12 year starting point is given - 16Home detention curfew?Crime and disorder Act 1998 allows early release from prison on condition that a curfew condition is included
- 17suspended prison sentencewhere a prison sentence of 2 years is given, but not effetive immediately. if the offender re-offends within that time then he must carry out prison sentence of that offence and previous offence.
this is used as a soft option to deter an offender from commiting an offence with the threat of prison. - 18Advantages of custodialpublic protection
offenders have opportunity to rehabilitate themselves - 19Disadvantages of custodialprison population in UK is higher than other eu countries
prisons are v expensive
prison conditions are v poor- leading to high rate of suicide
prison is sometimes not the best choice ie for children - 20community sentences. for 16+ offenders
. under criminal justice Act 2003
. unpaid work requirement
. activity/programme requirement
. prohibited activity requirement
. curfew requirement
. residence requirement
. mental health/drug/alcohol treatment requirement
. supervision requirement - 21finesCrown C has no limit on amount of fine
Mag. C can only fine up to £5000
must consider financial requirement of the offender
disadvantage is that a high level of non-payment means the punishment is ineffective - 22dischargesused for minor offences and first timers
conditional- court discharges offender with a condition that he does not commit an offence in 3 years. if this is broken then he is re sentenced for both offences
absolute- no penalty is given. this is where offender is guilty yet morally blameless. - 23youth offendersoffenders under aged 21
aim to reform and rehabilitate
dealt with in Youth court (part of Mag C) - 24custodial sentencesa detention and training order is where offender below 18 is sent to centre like prsion for education and training
detained at 'Her majesty's pleasure'
youth offenders institute if for ffenders between aged 18-20 - 25youth rehabilitation ordercommunity orders for youth offenders.
by criminal justice and immigration act 2008 - 26What is parental responsibility?parents are bound to keep child under control for a year
if child re-offends within that time then the parents must pay a sum of £1000
this is ineffective as child does not really get punished - 27Youth offending teamsCrime and disorder Act 1998
each local authority must have one or more YOT
this must include a Probation officer, local authority, social worker, police officer, a rep. of the local health authority, and a rep. by the chief education officer
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- Descripción
- Fichas sobre Sin título, creado por suhaila sacranie el 13/05/2016.
- Creado por
- suhaila sacranie · may 2016
- Actualizado
- 3 feb 2018
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