Sentencing
- Created by: katiesapwell
- Created on: 14-05-16 18:44
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- Sentencing
- Aims
- Retribution
- Based on proportionality
- Element of denunciation
- Punishment for wrong doing
- Protection of society
- Prevents the offender reoffending
- Curfews and custodial sentences
- Reparation
- Considers victim
- Make amends
- Reform and rehabilitation
- Looks to the future of the defendant
- Aim to stop reoffending
- Community orders > custodial sentences
- Deterrence
- Individual
- Put particular offender off of re-offending
- Severe sentence/fine/threat of imprisonment
- General
- Put society off of committing crimes
- Not concerned with fairness
- Individual
- Retribution
- Factors taken into account
- Aggravating factors
- Premeditation
- Vulnerable victim
- Abuse of position of trust
- Mitigating factors
- First time offender
- Age of offender
- Early guilty plea
- Seriousness of the crime
- Sentencing guidelines
- Aggravating factors
- Adults- s.142
- Custodial- CJA 2003 / Crime and Disorder Act 1998
- Mandatory life
- Murder
- 15 years to whole life
- Tariff - CJA 2003
- Discretionary life
- Serious offences; rap, burglary etc
- Judge can impose lesser sentence if appropriate
- Fixed-term
- Automatic release after half of sentence is served
- Must be 21+
- Home detention curfew
- Early release from prison on a curfew
- Indeterminate sentence
- Serious offenders for public protection
- Extended sentences
- Custodial sentence up to the maximum for the crime plus extension period on licence
- Suspended sentence
- 28-51 weeks suspended for up to 2 years
- Only served if offender reoffends
- Mandatory life
- Community
- Unpaid work requirement
- Supervision requirement
- Drug treatment and testing requirement
- Curfew requirement
- Fines
- Unlimited in Crown Court
- Up to £5000 in Magistrates' Court
- Absolute /Conditional discharge
- Disqualified from driving
- Custodial- CJA 2003 / Crime and Disorder Act 1998
- Young- s.142 (a)
- Custodial
- Detention at Her Majesty's Pleasure
- 10-17 years old
- Indeterminate
- Judge will recommend a minimum term
- Young Offender's Institutions
- 18-20
- Transferred to prison after 20
- From 21 days up to maximum for offence
- Detention at Her Majesty's Pleasure
- Community
- Activity requirement
- Supervision requirement
- Unpaid work (16+)
- Education requirement
- Drug testing requirement
- Fines
- 10-13 £250
- 14-17 £1000
- 18+ adult
- Discharge
- Reprimand
- Warning
- Custodial
- Aims
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