7618122
Description
Mind Map by Emma Fernandes, updated more than 1 year ago
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Created by Emma Fernandes
about 7 years ago
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Sentencing
- Aims (the Criminal Justice Act 2003) sets out the
aims for sentencing
- Deterrence
- General
- Persuades others future
offences not in their
interest
- Persuades others future
offences not in their
interest
- Individual
- Persuades D repeat
offences not in their
interest
- Persuades D repeat
offences not in their
interest
- General
- Retribution
- if someone has broken the law then
they should be punished
- if someone has broken the law then
they should be punished
- Protection of the public
- the offender is given a sentence that makes
them incapable of committing further crime .
This is achieved through a long custodial
sentence
- the offender is given a sentence that makes
them incapable of committing further crime .
This is achieved through a long custodial
sentence
- Reform and Rehabilitate
- Aim to alter the
offenders behaviour so
that he won't re offend
i.e. through drug/alcohol
treatment or anger
management
- Aim to alter the
offenders behaviour so
that he won't re offend
i.e. through drug/alcohol
treatment or anger
management
- Reparation
- The offender makes amends,
maybe through a compensation
order
- The offender makes amends,
maybe through a compensation
order
- Deterrence
- Range of sentences
- Custodial sentences
- Are the most severe form of
punishment and involve
imprisonment, either immediate or
suspended.
- A discretionary life
sentence can be
given for s.18 OAPA
1861.
- A fixed term
prison
sentence
- A discretionary life
sentence can be
given for s.18 OAPA
1861.
- Are the most severe form of
punishment and involve
imprisonment, either immediate or
suspended.
- The Criminal Justice Act 2003
created a community order
- Unpaid work (40-300),
alcohol/drug treatment,
curfew requirement
- alcohol/drug treatment
- a supervision
treatment
- a curfew
requirement
- Unpaid work (40-300),
alcohol/drug treatment,
curfew requirement
- Financial
sentences
- A fine to the state or a
compensation order to
the victim
- A fine to the state or a
compensation order to
the victim
- Discharges
- Conditional discharge or an
Absolute discharge
- Conditional discharge or an
Absolute discharge
- Custodial sentences
- Factors
- 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
- The maximum
sentencing powers of
the COURT, magistrates
6 months (12) etc
- AGGRAVATING
FACTORS e.g CJA 2003
- Previous convictions for similar
offences. Unprovoked. Use of
weapon. Committed whilst on bail.
- Previous convictions for similar
offences. Unprovoked. Use of
weapon. Committed whilst on bail.
- MITIGATING FACTORS
e.g CJA 2003
- No previous convictions.
Cooperation with the police.
Provocation by V. Pleaded guilty
at first possible oppurtunity
- No previous convictions.
Cooperation with the police.
Provocation by V. Pleaded guilty
at first possible oppurtunity
- Aims of sentencing
- 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
- 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
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