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Flashcards do conjunto (119)
- 1What is the role of the court in sentencing?To decide what sentence should be imposed on the defendant
- 2What is the maximum custodial sentence and maximum fine for the magistrates court?Custodial: 6 months for one offence or 12 months for 2 offences
Fine: £5,000 - 3What is the maximum custodial sentence and fine for the Crown Court?they have no limits, they can impose life imprisonment for some offences and there is no maximum figure for fines
- 4Who sets the maximum penalty for a crime?Parliament
- 5Examples of offences with life imprisonment- Manslaughter
- Rape - 6What offence has a mandatory life sentence?Murder
- 7What act sets out the purposes of sentencing those aged 18+s 142 of the Criminal Justice Act 2003
- 8What are the purposes of sentencing those aged 18+- the punishment of offenders
- the reduction of crime (inc. deterrence)
- the reform and rehabilitation of offenders
- the protection of the public
- the making of reparation by offenders to persons affected by their offences - 9What does s 142 (a) of the Criminal Justice Act 2003 state?as well as the aims of
- punishment
-reform and rehabilitation
- protection of the public
- reparation
the court must have regard to the principle aim of the youth justice system - 10What is retribution / punishment- based on the idea of punishment (deserves)
- only concerned with offence that was committed and ensuring punishment inflicted is in proportion - 11Does retribution seek to alter crime or alter acts?No
- 12What did an "eye for an eye and a tooth for a tooth and a life for a life" justify?The death penalty
- 13Who produces the guidelines for tariffs for offences?The Sentencing Council
- 14What is the only exception when tariffs are not used?when the case does not sufficiently resemble any of the cases in the guidelines
- 15Why are tariffs beneficial?It leads to consistency in the system, however it leaves very little discretion
- 16What is the aim of deterrence?To prevent the commission of future crimes, it can be aimed at the offender in question or those who may be considering offending for the first time
- 17What are the 2 types of deterrence?- Individual
- General - 18What is Individual Deterrence?- several penalties can be imposed with the aim of deterring individual offender from committing similar crime in future
- includes prison sentence, suspended sentence or heavy fine - 19What is an issue with Individual Deterrence?- prison does not appear to deter (55% adults re-offended & 70% youth)
- assumes offender will stop, however most in the 'spur of the moment' or under the influence of drugs
- fear of being caught more of a deterrent - 20What is General Deterrence?- aimed at preventing other potential offenders from committing a crime
- 21Why is the value of General Deterrence doubtful?because offenders are rarely deterred by severe sentences passed on others
- 22What does general deterrence rely on? why does this create an issue?- publicity
- less effective for drug smuggling nationals - 23What is general deterrence in conflict with?retribution as it involves sentencing offender for longer term than deserved
- least effective and least fair - 24What are the aims of reform / rehabilitation?Aims to reform the offender and rehabilitate into society (through education & training and other forms)
Forward looking aim - hopes behaviour altered and won't offend in future - 25What are individualised sentences?aimed at needs of the offender
- 26What is the issue with individualised sentences?- leads to inconsistency in sentencing
- tends to discriminate the underprivileged - 27What do the public need to be protected from?dangerous offenders
- 28What provision did the Criminal Justice Act 2003 introduce about public protection?serious offences where the court is of the opinion that there is a significant risk to members of public of serious harm being caused by d't in future
- adds extra period to d'ts sentence (freed on licence) - 29How can the public be protected from least serious offences?- dangerous drivers disqualified
- impose curfew on offender to remain at home certain times of day / night
- include exclusion order as requirement in community order - 30What were the facts in R v Winkler?- Defendant committed an affray in Manchester when attending a football match in which Oldham Athletic (team he supported) were playing
- 31What was the outcome of R v Winkler?judge banned d't from going to Oldham Town Centre on home match days and banned him from approaching within half a mile of any football stadium (6 years)
- 32s 130 of the Powers of Criminal Courts (Sentencing) Act 2000- courts under duty to give reason why they don't make compensation order
- projects to bring offenders and victims together - direct reparation
- concept include making reparation to society as a whole - 33What is Denunciation?Society expressing its disapproval of criminal activity
sentence should indicate how both to offender and to other people that society condemns certain types of behaviour
- SHOWS JUSTICE BEING DONE - 34What does denunciation reinforce?- moral boundaries of acceptable conduct
- can mould societies views on criminality of particular conduct - 35What does the court consider before deciding sentence?- offence
- background of offender
- aims of sentencing - 36What happens in a guilty plea?- prosecution will outline facts of case
- d't asked if agrees, if not newton hearing to establish facts (important as can affect sentence) - 37What happens in a non guilty plea and is convicted?court will have heard full information about case during trial
- 38What is the most important fact to establish about an offence?how serious was it, of its type?
- 39What does s143 (1) of the Criminal Justice Act 2003 set out?"in considering the seriousness of offence, court must consider offenders capability in committing offence and any harm caused, or was intended to cause or might reasonably foreseeably caused"
- 40What are examples of aggravating factors?- previous convictions for offences of a similar nature relevent to present offence
- if defendant was on bail when committed offence
- racial or religious hostility being involved in offence
- hostility to disability or sexual orientation being involved in offence
- position of trust
- age of victim - 41What do mitigating factors do?- reduce the sentence for guilty plea
- when made early in proceedings, reduction at first opportunity for 1/3, unless evidence overwhelming 20% - 42What is the issue with reducing the sentence?some people believe if someone has done the crime they should do the time
- 43What are the reasons for reducing the sentence / benefits?(1) avoids the need for trial
(2) shortens time between charge and sentence
(3) saves considerable cost
(4) saves victims from having to give evidence - 44What do the Sentencing Council have responsibility for?(1) developing sentencing guidelines and monitoring their use
(2) assessing the impact of guidelines of sentencing practice
(3) promoting awareness amongst the public regarding the realities of sentencing and publish info regarding sentencing practice in MC & CC - 45What are the four main categories of sentences?- Custodial
- Community
- Fines
- Discharges
additional: compensation orders and disqualification from driving - 46What are custodial sentences?Most serious punishment
- 47How long do custodial sentences last?range from a few weeks to life imprisonment
- 48What do custodial sentences include?- Mandatory and Discretionary Life Sentences
- Fixed-term Sentences
- Suspended Sentences - 49What does s 152 of the Criminal Justice Act 2003 state?court must not pass a custodial sentence unless it is in the opinion that the offence(s) 'was so serious that neither a fine alone nor a community sentence can be justified'
- 50What are mandatory life sentences used for?- Murder
- judge can state minimum no. of years imprisonment d't can serve before being eligible to be released on licence - 51Reasons for Whole Life Term Imprisonment(1) where the murder of two or more persons, where each murder involves substantial degree of premeditation / planning, the abduction of premeditating / planning or sexual or sadistic conduct
(2) murder of child involving abduction / sexual / sadistic motivation
(3) murder done for purpose of advancing political, religious or ideological cause
(4) murder by an offender previously convicted of a murder - 52What cases have a starting point of 30 years?(1) The murder is of police or prison officer in the course of his duty
(2) A murder was committed using a firearm or explosive
(3) The murder was the sexual or sadistic murder of an adult
(4) A murder was racially or religiously aggravated - 53What might influence sentence for murder?starting point 15 years down to 12 if offender was under 18 at the time of offence
aggravating and mitigating factors may influence starting point - 54What are Discretionary Life Sentences for?Serious offences such as manslaughter, rape and robbery
- 55Maximum Sentence for Discretionary Life SentencesLife Imprisonment
- 56Why does the judge not have to impose life sentence?judge has discretion in sentencing and can give any lesser offence where appropriate
- 57What is a Fixed Term Sentence?Imprisonment for a set number of months / years
- 58How long for and what does this depend on?Depends on maximum sentence available for offence, seriousness of crime, d'ts previous record and he will be automatically released after half sentence is served (rest on license)
- 59Who are fixed term sentences available to?21+
- 60Act related to Home Detention Curfew?The Crime and Disorder Act 1998
- 61What is Home Detention Curfew?Allows early release from prison on condition curfew is included
- 62Reason for Home Detention Curfews?encourage recently released prisoners to structure lives more effectively
prevent reoffending
prison population reduced - 63What act gives court the power to pass an extended sentence for sexual or violent offences?s85 of the Power of Criminal Courts (Sentencing) Act 2000
- 64What is an extended sentence?offender is given a custodial sentence plus further period during which offender is at liberty on licence
- 65Length of extended sentence for sexual / violent offencesSEXUAL = 10 YEARS MAX
VIOLENT = 5 YEARS MAX - 66Reason for extended sentences?gives court greater control over sex offenders when they leave prison
they will also register with the police so it is known where they are living - 67Examples of minimum sentences?Dealing Class A drugs - Min 7 years (age 18+)
Residential Burglary - Min 3 years
HOWEVER JUDGE CAN IMPOSE LESSER IF EXCEPTION CIRCUMSTANCES - 68What is a suspended prison sentence?sentence does not take effect immediately, the court will fix a time during which sentence is suspended
- 69How long can a sentence be suspended for?2 years
6 months magistrates - 70What happens if the offender doesn't commit an offence in the suspended period?sentence will not be served
- 71What happens if offender commits and offence in suspended period?prison sentence 'activated'
offender will serve sentence together with sentence for new offence - 72When are suspended prison sentences used?only where offence is so serious that immediate custodial sentence wouldve been appropriate but there are exceptional circumstances justifed
- 73Advantages of Custodial Sentences(1) Prison protects the public
(2) can offer opportunities for rehabilitation - 74Disadvantages of Custodial Sentences(1) Prison population too high
(2) Prison very expensive (approx 24k pa)
(3) Many prisons poor conditions (increasing risk of suicide)
(4) many unsuitable offenders in prison (mentally ill etc). - 75What did the Criminal Justice Act 2003 create for community orders?court can combine any requirements they think necessary, mix and match to fit restrictions and rehabilitation of offenders needs
- 76Who are community sentences available to?16+
- 77What sets section of the Criminal Justice Act 2003 sets out the full requirements?s177
- 78What is an unpaid work requirement?- work between 40-300 hours on suitable project organised by probation service
- exact number of hours fixed by court
- often worked in 8 hour sessions - 79Disadvantage of Unpaid Work Requirement?said that the number of hours isn't long enough
other countries run similar schemes and can impose much longer hours - 80Advantage of unpaid work requirement?Re-offending rates lower than other community sentences
- 81What is a Prohibited Activity Requirement?Allows wide variety of activities to be prohibited, often forbidden to go in certain area / wear certain things / carrying certain things
prevents d't from committing another crime - 82What is a Curfew Requirement?Offender ordered to remain at fixed address between 2-16 hours in any 24 hour period
- 83How long can a curfew requirement last?Up to 6 months
- 84When is a curfew requirement used?if there is an arrangement for monitoring curfews in area
- 85How can curfews be enforced?- electronic tagging
- spot checks with security firms sending someone to ensure offender is at home
- pilot schemes on using satellite technology to track - 86Advantage of Curfew Requirementcost of tagging expensive but much cheaper than keeping offender in prison
- 87What is an exclusion order?- offenders ordered not to go certain places and can specify different places for different periods / days
- 88what is the reason for an exclusion order?keep offenders away from areas most likely to commit crime
- 89How long can a exlusion order last?up to 3 years
- 90Why is an exclusion order used?may be imposed for purpose of promoting the offenders rehabilitation
- 91Fine Limits for MC and CCMC: £5000
£20,000 regulatory offences
CC: no limit - 92Advantages of fines(1) do not have long-term disruptive effects of imprisonment
(2) bring income into the system
(3) appears re-offender rate less than others - 93Disadvantages of fines(1) high rates of non-payment, which may lead to custodial sentence
(2) many unemployed, courts forced to write off debts
(3) fines must be issued at correct level - 94Types of Discharges- Conditional
- Absolute - 95What is a conditional discharge?- court discharges offender on condition that no offence committed during set period up to 3 years
- if offender re-offenders court can impose sentence in place of both offences
INTENDED TO BE USED WHERE IT IS THOUGH PUNISHMENT NOT NECESSARY - 96What is a absolute discharge?- effectively, no penalty imposed
- e.g. tax disc fallen on floor not being displayed
USED WHERE OFFENDER IS TECHNICALLY GUILTY BUT MORALLY BLAMELESS - 97What does the Proceeds of Crime Act 1995 have power to do?take from criminals all their profits from crime up to 6 years before conviction
- 98What does 'Young Offenders' refer to?under 21
- 99Main aim of sentencing young offenders?reform and rehabilitation
- 100Young Offenders' Institutions age sentence min / max(1) 15-20 (if turns 21 transferred to adult)
(2) custodial
(3) 21 days - maximum allowed for offence - 101Detention and Training Orders (The Crime and Disorder Act 1998)- created new custodial sentence
- must be specified period
- offence is spent in custody other half in community - 102Detention and Training Orders Age Min / Max Serious Crimes? Age? Length?(1) 12-21 (under 18 only if persistent offenders)
(2) 4 months - 24 months
(3) additional power to order offender detained for longer periods
(4) 10-13 max 14 years
14-17 death by dangerous driving
(5) cannot be more than max for adult - 103Detention at Her Majesty's Pleasure- any offender age 10-17 convicted of murder MUST be ordered to be detained at HMP
If reaches 21 transferred to adult prison
Lord Chief Justice sets tariff and judge recommend min years - 104Young Rehabilitation Orderfor community sentences
brought in by Criminal Justice and Immigration Act 2008
Mix & Match - 105Attendance Centre Requirement age involves min max for 16-24s max for 14-15 max for under 14Attendance at special centre 2-3 hours per week inc leisure activities & training
(1) under 25
(2) 12 hours
(3) 36 hours
(4) 24 hours
(5) 12 hours - 106Max Fine for (1) 10-13 year old (2) 14-17 year old (3) 18+(1) £250
(2) £2000
(3) £5000 - 107Detention for Young Offendersboth conditional and absolute discharge may be used
condition most common for first time young offenders - 108What is a Reprimand / Warning?offender warned if never been convicted of any offence
must be evidence and admitted to
police satisfied not in public interest to prosecute
Transferred to Young Offending Team - 109Parental Responsibility- bound over to keep child under control for set period up to 1 yr
- can be bound to ensure complies with community sentence
parents - max £1000 can be bound
- if under 16 forced to pay - 110Parenting Orders- intended to offer training and support to parents to help change childrens behaviour
- attend counselling or guidance up to 3 months - 111Youth Offending Teams The Crime and Disorder Act 1998made duty of each local authority to establish one or more YOTs in area
- 112Reason for YOTto build on cooperation between agencies involved, especially social services and probation services
- they coordinate the provision of young justice services in area - 113What must a YOT include?(1) Probation Officer
(2) Local Authority Social Worker
(3) Police Officer
(4) Representative of Local Health Authority
(5) Person Nominated by Chief Education Officer
any other appropriate person may be invited - 114s66 of The Crime and Disorder Act 1998 highlightsany offender who is warned must be referred to local YOT
Youth courts may also refer offenders - 115What act is associated with mentally ill offenders?The Mental Health Act 1983
- 116s41 of the Mental Health Act 1983- main additional power to give community sentence
- requirement he/she attends treatment
- hospital order / restriction order
- severe mental probs may be danger to community - secure hospital (CC) - 117When is a secure hospital order used?- offender detained for set period of time
- can be indefinite
- only discharged with permission of Home Secretary of the Mental Health Review Tribunal - 118When is a community order used?When court is satisfied the mental condition is treatable and no need to make hospital order
- 119When is hospital order used?Condition makes it appropriate that offender should stay in hospital for treatment
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- AS level Law FlashCards sobre Sem título, criado por Brittany Jacques em 29-01-2017.
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- Brittany Jacques
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