2545421
Description
Mind Map by Georgia Stanley, updated more than 1 year ago
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Created by Georgia Stanley
about 9 years ago
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Adult Sentencing
- Magistrates
- max 6 months imprisonment,
max fine £5,000
- max 6 months imprisonment,
max fine £5,000
- Crown Court
- No limits. They can impose up
to life, and no limit for fines
- No limits. They can impose up
to life, and no limit for fines
- Aims of sentencing set out in the
Criminal Justice Act, s142
- PUNISHMENT
- REDUCTION OF CRIME
- PROTECTION OF SOCIETY
- REPARATION
- aims then further sub-categorised
- reparation
- repaying society,
community service
- is to try and get something
back into society
- i.e. fines, community service, compensation
- i.e. fines, community service, compensation
- is to try and get something
back into society
- repaying society,
community service
- rehabilitation
- helping the individual
- this is to help the offender
- i.e. rehab, psychiatric hold
- i.e. rehab, psychiatric hold
- this is to help the offender
- helping the individual
- retribution
- 'eye for an eye'
- i.e. prison, tariff proportionate
sentence, death penalty (not UK)
- i.e. prison, tariff proportionate
sentence, death penalty (not UK)
- 'eye for an eye'
- denunciation
- society saying it's wrong/
behaviour is unacceptable
- is to convince them further actions
- i.e. reflect crime, prison, fines
- is to convince them further actions
- society saying it's wrong/
behaviour is unacceptable
- deterrence: general + individual
- IND: put people off from re-offending
- GEN: to put society off of a crime
- aim is to deter
- IND: put people off from re-offending
- incapacitation
- protection
- to keep someone in
and away from people
- i.e. prison, psychiatric hold, house arrest,
restriction orders
- protection
- reparation
- PUNISHMENT
- FACTORS the court will take
into account when sentencing
- aggravating factors
- (makes the sentence worse),
previous convictions, being
on bail when offence was
committed, on drugs
- (makes the sentence worse),
previous convictions, being
on bail when offence was
committed, on drugs
- the seriousness of the offence
- indictable, summary, trial
by either way, if it was
pre-planned, weapons,
multiples (bombing)
- indictable, summary, trial
by either way, if it was
pre-planned, weapons,
multiples (bombing)
- mitigating factors
- (less serious sentence),
previous good character,
early guilty plea (reduces
sentence), illness, abuse as
a child, education
- (less serious sentence),
previous good character,
early guilty plea (reduces
sentence), illness, abuse as
a child, education
- aggravating factors
- the Criminal Justice Act and the
Crime and Disorder Act sets out
the custodial sentences
- mantatory
- discretionary
- fixed term
- extended sentences
- suspended
- home detention curfew
- minimum
- mantatory
- custodial
sentences
- mandatory life sentences
- should be given where;
x2 or more people
murdered, murder of
child, murder for the
benefit of political or
religious cause
- should be given where;
x2 or more people
murdered, murder of
child, murder for the
benefit of political or
religious cause
- intermittent custody
- where the defendant spends weekends
in prison but is free for the rest of the
week. Introduced by Criminal Justice Act.
- where the defendant spends weekends
in prison but is free for the rest of the
week. Introduced by Criminal Justice Act.
- suspended sentences
- an adult offender given a suspended
prison sentence of up to 2yrs. This means
that the sentence does not take effect
immediately. If during this time the
offender does not commit, sentence will
not be served
- an adult offender given a suspended
prison sentence of up to 2yrs. This means
that the sentence does not take effect
immediately. If during this time the
offender does not commit, sentence will
not be served
- discretionary sentence
- manslaughter, rape, robbery; max sentence is life but judge does not have to impose it
- manslaughter, rape, robbery; max sentence is life but judge does not have to impose it
- extended sentences
- s.85 of the Powers of
Criminal Courts Sentencing
Act gives the court the
power to pass an extended
sentence for a sexual/
violent offence
- the offender is given a custodial sentence and a period
where at liberty on licence. The extension period cannot
exceed 10yrs for a sexual offence and 5 for a violent offence
- the offender is given a custodial sentence and a period
where at liberty on licence. The extension period cannot
exceed 10yrs for a sexual offence and 5 for a violent offence
- s.85 of the Powers of
Criminal Courts Sentencing
Act gives the court the
power to pass an extended
sentence for a sexual/
violent offence
- fixed term sentences
- set number of years,
i.e. theft - 7yrs
- set number of years,
i.e. theft - 7yrs
- home detention curfew
- Crime + Disorder Act allowed early release
from prison if they agree to a curfew
- Crime + Disorder Act allowed early release
from prison if they agree to a curfew
- minimum sentences
- mandatory life sentence where the offender
committed a second serious sexual/ violent offence
- 7yrs for anyone aged 18+ convicted of a
third offence of a Class A drug trafficking
- 3yrs for a third offence of burglary
- mandatory life sentence where the offender
committed a second serious sexual/ violent offence
- mandatory life sentences
- Minimum Sentences
- for drugs (Class A), min of 7yrs,
18+, caught 3 times, posession
and obstruction
- for burglary, min of 3yrs, 3rd
time residential, max 14yrs
- automatic life sentence for
murder, min life, also;
murder, manslaughter,
rape, sex with underage
- purpose is to punish them
- for drugs (Class A), min of 7yrs,
18+, caught 3 times, posession
and obstruction
- Community Sentencing
- unpaid work requirement
- work between 40-300 hours on project organised by
the probation service. Number of hours are controlled
by the court, worked in 8hr sessions on weekends
- i.e. paint school buildings, build a play centre
- i.e. paint school buildings, build a play centre
- work between 40-300 hours on project organised by
the probation service. Number of hours are controlled
by the court, worked in 8hr sessions on weekends
- prohibited activity requirement
- allows a wide variety of activities to be prohibited. To
prevent the D from committing another crime
- allows a wide variety of activities to be prohibited. To
prevent the D from committing another crime
- curfew requirement
- ordered to remain at a fixed
address between 2-12hrs of a 24hr
period. Can last up to 6 months and
may be enforced by tagging
- ordered to remain at a fixed
address between 2-12hrs of a 24hr
period. Can last up to 6 months and
may be enforced by tagging
- exclusion requirement
- ordered not to go to
certain places. Up to 2yrs
- ordered not to go to
certain places. Up to 2yrs
- supervision requirement
- placed under supervision of probation
officer for 3yrs. Must attend appointments
- placed under supervision of probation
officer for 3yrs. Must attend appointments
- fines
- Mag: max £5,000, can impose up to £20,000 under
certain regulations, i.e. health and safety at work
- Mag: max £5,000, can impose up to £20,000 under
certain regulations, i.e. health and safety at work
- disqualification from driving
- courts have the power to disqualify them from driving a
car. Length depends on seriousness. min 12 months
- courts have the power to disqualify them from driving a
car. Length depends on seriousness. min 12 months
- unpaid work requirement
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