12-Sentencing Flashcards Preview

Year 1 A level Law AQA Textbook > 12-Sentencing > Flashcards

Flashcards in 12-Sentencing Deck (24)
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1
Q

What Act and section sets out the purpose of sentencing?

A

s142 Criminal Justice Act 2003

2
Q

s142 Criminal Justice Act 2003

A

Sets out the purpose of sentencing

3
Q

What are the main reasons given in s142 Criminal Justice Act 2003 for sentencing?

A

1) Punishment of offenders
2) Reduction of crime
3) Rehab of offenders
4) Protection of public
5) Reparations by offenders to persons affected.

4
Q

What is meant by ‘retribution’?

A

Imposing a punishment because the offender deserves punishment.

5
Q

Imposing a punishment because the offender deserves punishment.

What is this definition referring to?

A

Retribution

6
Q

What organisation produces guidelines for sentences?

A

The Sentencing Council

7
Q

The Sentencing Council

A

Produces guidelines for sentences.

8
Q

Using the Sentencing Council guidelines, how does a Court determine the Offence Category for ABH as an example?

A

Category 1: Greater harm and higher culpability

Category 2: Greater harm and lesser culpability
or
Lesser harm and greater culpability

Category 3: Lesser harm and lesser culpability

9
Q

What is the Step 1 in determining a sentence for an offender?

A

Determine the offence category IAW the 3 Category system from the Sentencing Council’s Guidelines.

10
Q

What is Step 2 in determining a sentence for an offender?

A

Find the Starting Point and Category Range

11
Q

In sentencing, what is meant by the ‘Starting Point’?

A

The minimum sentence the offender can be sentenced for accounting for their particular offence.

12
Q

What is meant by the ‘Category Range’?

A

The upper limit of sentence an offender can receive for their particular offence.

13
Q

With regards to sentencing, what is meant by ‘deterrence’?

A

A punishment aimed at putting the D or any other would-be criminals off the thought of committing a crime because of the fear of such punishment.

14
Q

A punishment aimed at putting the D or any other would-be criminals off the thought of committing a crime because of the fear of such punishment.

What is this a definition of regarding sentencing?

A

Deterrence

15
Q

What form can ‘reparations’ take when handing down a sentence to an offender?

A

1) Paying a sum of money

2) Community service orders

16
Q

What is meant by a ‘custodial sentence’?

A

A sentence for the most serious crimes requiring a prison sentence.

17
Q

A sentence for the most serious crimes requiring a prison sentence.

What is this a definition of?

A

A custodial sentence

18
Q

What is the maximum prison sentence a Crown Court can hand down?

A

Unlimited, up to the maximum sentence for that offence. For example ABH is 5 years, therefore Crown Court can go anywhere up to 5 years.

19
Q

What is the maximum fine the Crown Court can hand down?

A

Unlimited

20
Q

What does the Criminal Justice Act 2003 state regarding the sentencing of Custodial Offences?

A

Court must not pass a custodial sentence unless it is of the opinion that a ‘fine alone or a community sentence cannot be justified’

21
Q

What is the minimum sentence for murder?

A

Life sentence-can impose minimum years before eligible for release on licence.

22
Q

What are some aggravating factors in deciding a D sentence?

A

1) Previous convictions
2) D on bail during offence
3) Hate crime

23
Q

What are some mitigating factors in deciding a D sentence?

A

1) Mental illness of D
2) Physical illness of D
3) No previous convictions
4) Genuine remorse

24
Q

How does a guilty plea affect a sentence and to what degree?

A

It may reduce it.

  • First reasonable opportunity-1/3 reduction
  • After Trial set-1/4 reduction
  • Door of court or after trial reduction-up to 1/10