Unit 1 Sentencing B141 OCR

Unit 1 Sentencing B141 OCR

1. Adult sentencing

   • aims of sentencing
     • Criminal Justice Act 2003
       • Deterrence
         • to prevent future crime  
         • general
           • Other people will see people getting punished and be put off of offending.  Requires media reporting of sentences to get the message across 
         • specific
           • specific to the offender - they are punished and therefore will be less likely to re-offend in the future
       • reform/rehabilitation
         • the offender is taught to change their behaviour.  This may be through education programs, in and out of prison May be through community work May be drugs and alcohol treatment programs 
       • punishment/ retribution
         • to show society's disapproval.   Long prison sentence, high value fine.  
       • reparation
         • offender pays something back to society May be made to carry out unpaid work in the community  Or pay criminal compensation direct to the victim 
       • protection of public
         • where the offender is prevented from being able to commit future crime Prison sentences or driving bans
   • range of sentences
     • Custodial sentences
       • suspended sentence
         • D does not go straight to prison but is told that if they commit any further offences they will serve this sentence ADDED to any new sentence
       • prison sentence
         • defendant will serve time in prison Can be anything from a couple of weeks to  Life.   
         • life sentence
           • murder has a MANDATORY life sentence Other serious offenders may get a DISCRETIONARY life sentence if the judge feels it is appropriate - EG rape, armed robbery 
     • Fines
       • financial penalty
         • The offender must pay a fixed amount The amount  will depend on the offence and the ability of the offender to pay. 
     • community sentence
       • unpaid work
         • the offender may be asked to do unpaid work in their community,  EG picking up litter or removing graffiti 
       • rehabilitation order
         • offender may be instructed to attend drugs and alcohol treatment.  May be asked to attend anger management classes.  
     • discharges
       • unconditional
         • although found guilty there is no punishment.  The offender is free to go. The process of the trial has been punishment enough for them 
       • conditional
         • the offender agrees not to re-offend within a certain time period. They may be monitored
   • Factors in sentencing
     • aggravating factors
       • things which make a sentence seem worse
         • EG, violence weapon used racially motivated vulnerable victim previous convitions 
     • mitigating
       • things which excuse the defendant
         • eg   offender is young the victim provoked the offender the offender is from a difficult background Previous good character - no convictions  
     • sentencing guidelines
       • statutory minimum sentence?
         • some crimes have a legal minimum sentence.  EG murder - compulsary life sentence 
     • evaluation
       • you may be asked to justify aggravating and mitigating factors.  WHY do we sentence harsher for racially aggravated or violent offences? WHAT ARE WE TRYING TO ACHIEVE? 

2. youth Sentencing

   • aim of youth sentencing
     • to prevent future crime
   • youth custodial sentences
     • secure childrens' home
       • run by local authorities.  Children are closely watched and have limited contact with their families. Vulnerable children may stay until 15 or 16. Others may move on at 14 
       • ages 10-15
     • training centre
       • a prison-like environment, often Focus on training, education and changing behaviour 
       • ages 14-17
     • Young offenders' Insitution
       • very like adult prison Prisoners in cells, training programmes and education are offered.     At 21 offenders are moved to adult prisons 
       • ages 17-20
   • Youth Community sentences
     • referral orders
       • for first offenders
         • the young person and their parents agree to a behaviour contract
     • reparation orders
       • unpaid work
         • the young offender does some unpaid work in the community
     • Youth rehabilition order
       • the courts will pick from a wide range of rehabilitation options to help the offender change their behaviour- Drugs and alcohol treatment Foster care order Banning from certain areas Curfew - being home at a certain time plus many more! 
   • age of criminal responsibility 10