Sentencing

Emma Fernandes
Mind Map by Emma Fernandes, updated more than 1 year ago
Emma Fernandes
Created by Emma Fernandes over 3 years ago
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Description

Mind Map on Sentencing, created by Emma Fernandes on 02/10/2017.

Resource summary

Sentencing
1 Aims (the Criminal Justice Act 2003) sets out the aims for sentencing
1.1 Deterrence
1.1.1 General
1.1.1.1 Persuades others future offences not in their interest
1.1.2 Individual
1.1.2.1 Persuades D repeat offences not in their interest
1.2 Retribution
1.2.1 if someone has broken the law then they should be punished
1.3 Protection of the public
1.3.1 the offender is given a sentence that makes them incapable of committing further crime . This is achieved through a long custodial sentence
1.4 Reform and Rehabilitate
1.4.1 Aim to alter the offenders behaviour so that he won't re offend i.e. through drug/alcohol treatment or anger management
1.5 Reparation
1.5.1 The offender makes amends, maybe through a compensation order
2 Range of sentences
2.1 Custodial sentences
2.1.1 Are the most severe form of punishment and involve imprisonment, either immediate or suspended.
2.1.1.1 A discretionary life sentence can be given for s.18 OAPA 1861.
2.1.1.2 A fixed term prison sentence
2.2 The Criminal Justice Act 2003 created a community order
2.2.1 Unpaid work (40-300), alcohol/drug treatment, curfew requirement
2.2.2 alcohol/drug treatment
2.2.3 a supervision treatment
2.2.4 a curfew requirement
2.3 Financial sentences
2.3.1 A fine to the state or a compensation order to the victim
2.4 Discharges
2.4.1 Conditional discharge or an Absolute discharge
3 Factors
3.1 The maximum sentence allowed by PARLIAMENT: assault or battery = 6 months, S.47 or S.20 OAPA 1861 = 5 years, s.18 OAPA 1861 = life
3.2 The maximum sentencing powers of the COURT, magistrates 6 months (12) etc
3.3 AGGRAVATING FACTORS e.g CJA 2003
3.3.1 Previous convictions for similar offences. Unprovoked. Use of weapon. Committed whilst on bail.
3.4 MITIGATING FACTORS e.g CJA 2003
3.4.1 No previous convictions. Cooperation with the police. Provocation by V. Pleaded guilty at first possible oppurtunity
3.5 Aims of sentencing
3.6 SERIOUSNESS: Under the CJA 1991 an offender of S.18 OAPA 1861 should only be given life imprisonment "if it is necessary to protect the public from serious harm from the off
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