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Sentencing - Coggle Diagram
Sentencing
Aims of sentences
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Deterrence
Individual
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55% adults, 70% young offenders, reoffend within 2 years
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General
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Blackshaw and Sutcliffe Keenan - 4 years (posting pro riot posts in facebook, didn’t actually take part in the riots)
Exemplary sentencing - if crime is on the increase then a harsher sentence may be given to prevent others from committing the crime
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Public protection
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CJA 2003 - provisions for serious offences - significant risk to public of serious harm in future court must send them to prison
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Ian Huntley, Adebolajo and Adebowale
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Types of Sentencing
Custodial Sentences
Suspended prison sentences - suspended for up to 2 years (6 months minimum in the MC), they do not take effect immediately, the court will fix a time, if the offender does not re offend then there will be no prison time, if another crime is committed then the sentence is activated, they will serve both sentences
Directional life sentences - s.18 max life but the judge does not have to impose it, they choose which sentence is appropriate, it directs the judge
Fixed term sentences - length of sentence will depend on the sentence available for the particular crime/seriousness/previous record, this is a set ime the person must be in prison for, the judge will also look at the aggravating and mitigating factor (Wragg)
Mandatory Life - minimum number of years that must be served before being eligible for release. Governed by CJA 2003 - starting point is 12 years. Full life term is given for - murder of a child involving abduction/sexual motive (Huntley) where full life term does not apply the factors must be looked at
Community Sentence
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Mental health treatment, drug rehabilitation and alcohol treatment - must all require the offenders consent
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Attendance centre - three hours of activity, between a minimum of 12 hours and a maximum of 36 hours
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Quotes
Lord Chief Justice - “ the judge was fully justified in concluding that deterrent sentencing was appropriate”
Sargent - “society though must show it’s abhorrence of particular types of crime… perhaps main duty of the court is to lead public opinion”
Lord Denning - “punishment is the way in which society expresses it’s denunciation… to maintain the law… should adequately reflect the revulsion felt”