Sentencing

James Bickford-Smith
Mind Map by James Bickford-Smith, updated more than 1 year ago
James Bickford-Smith
Created by James Bickford-Smith over 3 years ago
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AS level Law Mind Map on Sentencing, created by James Bickford-Smith on 02/23/2017.
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Sentencing
1 Aims of Sentencing
1.1 Deterrence
1.1.1 Prevent crime by hurting the victim
1.1.2 There are 2 types of Deterrence
1.1.2.1 Individual Deterrence: Where D is deterred from reoffending.
1.1.2.2 General Deterrence: Where the public is deterred from committing the crime, D is made an example of.
1.1.3 Harsh Punishments
1.1.4 Not too concerned with fairness
1.2 Retribution
1.2.1 Hurt the offender by punishing them
1.2.1.1 Society demands that an offender must be punished to make up for the crime they committed.
1.2.2 Harsh punishments
1.2.3 Normally involves a custodial sentence
1.3 Rehabilitation
1.3.1 Prevents crime by helping the offender overcome their habits/behaviour
1.3.1.1 Addresses the cause of the habits/behaviour (ie Drug Addiction or Peadophillia)
1.3.1.2 Takes the long term approach
1.3.1.2.1 Drug Rehab can take a while
1.3.2 Tries to avoid Custodial Sentences
1.4 Public Protection
1.4.1 Prevents crime by taking D out of society
1.4.1.1 Put D in jail for a life sentence (15 Years +)
1.4.1.2 D cannot commit crimes if they are not free
1.4.2 Typically long custodial sentences
1.4.3 Often for Sexual or Violent offences
1.5 Reparation
1.5.1 Intends to punish the offender by making them do unpaid work or pay a fine.
1.5.2 Society demands that an offender must be punished
1.5.3 D pays a fine/compensation order
1.5.4 D does unpaid work
2 Aggravating and Mitigating factors
2.1 Aggravating Factors
2.1.1 Vunerable Victim
2.1.1.1 Very Old or Very Young
2.1.1.2 Disability
2.1.2 Breach of trust
2.1.2.1 Teacher + Pupil
2.1.2.2 Parent
2.1.3 Committed on Bail
2.1.4 Previous Conviction
2.1.4.1 Repeat Offences
2.1.4.2 Violent past
2.1.5 Weapon used
2.1.5.1 A violent weapon
2.1.6 Motive
2.1.6.1 Radical Motive
2.1.6.2 Sexual Motive
2.2 Mitigating Factors
2.2.1 Early Guilty Plea
2.2.2 Cooperation with the Police
2.2.3 Offer of Compensation
2.2.4 No Previous Conviction
2.2.5 No violent history
2.2.6 Genuine Remorse
2.2.7 Pre-Sentencing Report
2.2.7.1 Mental Health Problems
2.2.7.2 "Good Kid"
3 Sentencing Practice
3.1 Custodial
3.1.1 Mandatory life
3.1.1.1 Life = 15+ years
3.1.1.1.1 The judge will specify an amount, normally more than 15 years.
3.1.1.2 Whole life sentence where D is never released
3.1.1.2.1 For things like: -Terrorism -2+ planned murders -Rape and Murder of a child -Previous murder conviction
3.1.1.3 Judge has no other option
3.1.1.4 Murder Only
3.1.1.5 Criminal Justice Act 2003
3.1.2 Discretionary Life Sentence
3.1.2.1 For other (not murder) serious offences
3.1.2.2 Judge has Sentencing Choice
3.1.3 Fixed Term Sentence
3.1.3.1 Time set by judges
3.1.3.1.1 Usually 50% of time is served
3.1.3.2 Usual rules for non-life sentences
3.1.4 Home detention curfew order
3.1.4.1 Crime and Disorder Act 1998
3.1.4.2 Where D is released from prison before 50% of the time is served.
3.1.4.3 D wears an electronic tag so that the state knows where D is at all times.
3.1.4.3.1 Tracking
3.1.5 Extended Sentence
3.1.5.1 A judge can extend the length of the sentence
3.1.5.1.1 For Violent offences, can add up to 5 years on.
3.1.5.1.2 For Sexual Crimes, can add up to 10 years on
3.1.5.2 Powers Of Criminal Courts Act 2000 s85
3.1.5.3 D serves main sentence, then the rest on a licence
3.1.5.3.1 If D commits another crime, they go back to custody for the time for the 2nd crime, plus the remaining time for the 1st crime.
3.1.6 Suspended Sentence
3.1.6.1 Delays the start of custody time by up to 2 years
3.1.6.2 If D commits a crime while on a suspended sentence, they are sent to jail to serve origninal jail time.
3.1.6.2.1 Example: If D is given 3 years custody, and a 2 year suspended sentence, then D commits a crime in those 2 years, D is then sent to prison for 3 years.
3.2 Community
3.2.1 Unpaid work
3.2.1.1 Has to be between 40 and 300 hours
3.2.1.2 Criminal Justice Act 2003
3.2.2 Prohibited Activity
3.2.2.1 Banned from doing certain things
3.2.3 Curfew Requirement
3.2.3.1 D must remain at a fixed address
3.2.3.1.1 More than 2 hours, less than 16 a day
3.2.3.2 Can only be given for up to 6 months
3.2.3.3 Electronic Tag fitted
3.2.3.4 Only available if there are curfew arrangements possible
3.2.4 Exclusion Requirement
3.2.4.1 D is forbidden from going to certain places
3.2.4.1.1 Where they are most likely to commit a crime
3.2.5 Supervision Requirement
3.2.5.1 D is put under the supervision of a probation officer
3.2.5.2 Max. of 3 years
3.2.5.3 Criminal Justice Act 2003
3.2.5.4 For promoting the offender's rehabilitation
3.3 Fines
3.3.1 Financial Penalties
3.3.2 D pay the fine to the court that imposed it
3.3.3 Can be paid once or in enstallments
3.3.4 When D is on benefits, can be taken directly from there
3.4 Discharge
3.4.1 D is free to go
3.4.2 No further inquires
3.4.3 Cannot be charged for the same crime twice
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