AS LAW: SENTENCING

AS LAW: SENTENCING

1. Sentencing

   • Types of Sentences
     • Minimum
       • Seven years minimum sentence for anyone aged 18 or over who is convicted of dealing in class A drugs.Minimum sentence of 3 years for those convicted of burglary at a residential building for a third time.
     • Extended Sentence
       • Section 85 of the Powers of Criminal Court Act 2000 ---- power to pass extended sentence for a sexual or violent offence. Offender is given a custodial sentence plus a further period. Cannot exceed 10 years for a sexual offence and 5 years for a violent offence.
     • Home Detention Curfew
       • Help get prison population down
       • Curfew is imposed by electronic tagging
       • Crime and Disorder Act 1998 allows early release from prison on a condition that a curfew is imposed
     • Fixed Term
       • Anyone sent to prison is automatically released after they have served half the sentence
       • Prisoners do not serve the whole of the sentence
       • Set number of years and months
     • Discretionary
       • Judge does not have to give life imprisonment, can be community order or fine etc.
       • Judge can give any lesser sentence where appropriate
     • Mandatory
       • If over 18 minimum is 15 years
         • If under 18 minimum is 12 years
       • STARTING POINT OF 30 YEARS
         • - racially/religiously aggravated a member
         • - sexual murder of an adult
         • - using firearm/explosive
         • - killing police/prison officer
       • LIFE TERM
         • - re-offending murder
         • - political or religious killing
         • - murder of a child
         • - two or more murders that are planned
       • Judge must state minimum number of years imprisonment before being eligible for release
       • For murder, only sentence a Judge can impose is a life sentence for offenders 18+
     • Custodial
       • LINK - PROTECTION OF PUBLIC
       • Taking someones freedom of liberty
       • Most severe type of sentence
   • Aggravating Factors
     • Mitigating Factors
       • Offenders age
       • Poor health
       • Little harm done
       • Previous clean record
     • Use of weapon
     • Uneccersary Violence
     • Adult involving children
     • Sex, religion etc
     • Prejudice
   • Tarriff Sentences
     • STEP 1 - DETERMINE THE OFFENCE CATEGORY
       • STEP 2 - STARTING POINT & CATEGORY RANGE
     • Since 2009, all guidelines must include a starting point for sentencing and a range for the offence
   • Aims of Sentencing
     • Retribution
       • 'An eye for an eye, a tooth for a tooth' You should receive a punishment for what you have done
     • Reperation
       • A way of paying back for what you have done e.g Community Order
     • Reform/Rehabilitation
       • Educate the offender on why they shouldn't commit crimes. Try and change there character
     • Denunciation
       • Society shows disapproval for what you have done
     • Deterrance
       • General
         • Showing the public why you shouldn't commit crimes
       • Individual
         • Stop the individual from committing another crime
           • However, 55% of adult prisoners re-offend within 2 years of release
     • Protection of the Public
       • Criminal Justice Act 2003 --- 'If there is a significant risk of serious harm, only option is to send the suspect to prison'

2. Young Offenders

   • Young Offenders Institution
     • Offenders aged 15-20 can be sent here as a custodial sentence
     • Minimum sentence is 21 days and the maximum is the maximum allowed for the particular offence
     • If offender reaches the age of 21, then sent to an adult prison
   • Detention&Training Orders
     • Crime & Disorder Act 1998 created this new custodial sentence
     • Minimum of 4 months and maximum of 24 months
     • Half of sentence is spent in custody and half is spent in community
   • Youth Rehabilitation Order
     • Brought in by the Criminal Justice and Immigration Act 2008
     • Same principle as a community order
       • - an activity requirement
       • - attendance centre requirement
       • - curfew requirement
   • Reprimands
     • Not sentences passed by court
     • Methods by which the police can deal with offenders without bringing the case to court
     • Must be evidence that offender has committed a crime and admits it.
   • Parental Responsibility
     • If parents agree, they can be bound over to keep their child under control for a set period of up to a year
     • If child commits an offence during this period then parents will receive a fine up to £1000
   • Youth Offending Teams
     • Crime & Disorder Act 1988
     • Probation officer, local authority social worker, police officer and a representative of local health authority

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