Sentencing

Niamh Lyne
Mind Map by Niamh Lyne, updated more than 1 year ago
Niamh Lyne
Created by Niamh Lyne over 4 years ago
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SENTENCING MINDMAP

Resource summary

Sentencing
  1. Factors
    1. Mitigating
      1. Mental illness or disability
        1. Ready co-operation with authorities
          1. Youth or age, where it affects the responsibility of the individual defendant;
          2. Aggravating
            1. Offence committed whilst on bail for other offences
              1. Use of a weapon to frighten or injure victim
                1. Abuse of a position of trust
              2. Aims
                1. Reduction of Crime
                  1. An aim of sentencing is to punish in a way that reduces offending. One way of doing this is to impose severe sentences for crimes so offenders are deterred from re-offending.
                  2. Punishment
                    1. The aim of punishment is the idea that if some one has broken the law they should be punished and get what they deserve.
                    2. Reparation
                      1. This is where the sentence tries to ensure the offender makes amends. Reparation may be achieved through compensation.
                      2. Protection of the Public
                        1. To achieve the aim of protection of the public the offender is given a sentence that makes them incapable of committing another crime
                        2. Reform and Rehabilitation
                          1. Another aim behind the sentence could be to reform the offender and rehabilitate him into society. This aim usually involves help to alter the offender's behaviour so he won't re-offend.
                        3. Sentences
                          1. Custodial
                            1. A discretionary life sentence can be given for s.18 OAPA 1861. The maximum sentence is life imprisonment, but the court can give any lesser sentence where appropriate.
                              1. . A fixed-term prison sentence is a term of imprisonment for a set number of months or years.
                              2. Community Order
                                1. An unpaid work requirement (where the offender has to carry out unpaid work between 40-300 hours over a year on a project organised by the probation service).
                                  1. One example is painting school buildings.
                                  2. An alcohol/drug treatment requirement.
                                    1. A supervision requirement (where the offender is placed under the regular supervision of a probation officer for a period of up to 3 years).
                                      1. A curfew requirement (where the offender must remain at a fixed address for between 2-16 hours in any 24 hour period. This can be for a maximum of 6 months and the offender is usually electronically tagged).
                                      2. Financial
                                        1. A fine paid to the state
                                          1. A compensation order paid to the victim
                                          2. Discharge
                                            1. A conditional discharge (where if the offender commits a further offence in the stated period, then they can be re-sentenced for the original offence)
                                              1. An absolute discharge (no real penalty is imposed as the offender is technically guilty but morally blameless)
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