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Sentencing - Coggle Diagram
Sentencing
Aims of Sentencing: Protection of the Public, Making of reparations of the offenders to the persons affected by their offences, Reform and rehabilitation of offenders, Punishment of crime (an eye for an eye) and Reduction of crime through deterrance.
Aggrating Factors: Makes sentencing harsher. Previous convictions or crime committed whilst on bail. Operating in gang activity Theft- how much was stolen and whether the D was in a position of trust. D targeted a vulnerable victim. E.g elderly person. It was a motivated hate crime (V was targeted by one of the protected characteristics under the Equality Act 2010)
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Mitigating Factors: Makes sentencing less harsh. First time offence, playing a minor role in group activity ,D showing genunie remorse. Being co-operative with the police.
Guilty Pleas: Sentencing is reduced to 1/10 if D pleads guilty just before trial and 0/10 if D pleads guilty before the verdict.
Reduce to 1/3 if D pleas guilty at first opportunity or 20% if evidence is overwhelming.
Protection of the Public: Usually for triable either way offences or indictable offences such as murder, rape or manslaughter. This is when the D is usually put behind bars for life in order to protect the public. However, it can be through other ways such as speeding fines which encourage drivers to slow down & community orders which permit the D from attending public event or entering public spaces.
Reform & Rehabilitations of offenders: Aims to change the D's behaviour by treating the addiction to prevent them from committing further crimes and to re-intergrate them back into society. Usually involves drug/alcohol rehabilition as these make up 50% of the crimes. However, they can also include speed awareness classes or anger management classes.
Making of reparations of the offenders to the persons affected by their offences: Compensating the V of the D's crimes. This can be through paying them a sum of money or through restitutions. For example, returning stolen money. It can also be through restorative justice. This where the D and the V sit down and talk through what happened in efforts to move past the trauma.
Punishment of crimes: 'an eye for an eye' if you break the law you will receive punishment. Sentencing is proportionate to the crime however if the case has a lot of public outrage then the sentencing may be harsher.
Reduction of Crime through deterrance: This aims to reduce crime through fear of punishment.
General- stops others from committing crimes by showing them the consequences.
Individual- stops the D from committing crimes as they do not want further punishment.
Other factors include: Offenders background, pre-sentencing reports or medical reports
Offenders background: This includes financial position and any previous convictions. Whether the D has any mental disorders, developmental disorders (autism) or neurological disorders (dementia).
Pre-Probation reports: Usually done by probation services and usually done if the courts are considering community service.
Medical reports: This is where the doctor prepares a report if the offender has any physical or pyschological disorders.
May allow for special court measures of the offender has any mental illness.
Types of Sentencing: Mandatory Life This is the only type of sentence that is imposed for murder. Life sentence means life on license, it does not mean life imprisonment. The judge must state the minimum yrs (called a tariff) to be served in prison until they are eligible parole. If granted parole, the offender will be on license. This means that there will be conditions on their freedom for the rest of their lives. Even if they commit a minor offence, they will be immediately sent back to prison.
Types of Sentencing: Discretionary Life Some offences carry a minimum of a life sentence. However, judges have discretion on whether they want to impose such a high sentence. E.g. With manslaughter, a judge may decide that a shorter sentence is more appropriate however they have the choice to up to that high sentence if they choose.
Types of Sentencing: Determinate or Fixed-Term Sentences This is when an offender is given a set prison term. E.g 12 months in prison. Offenders who are charged with this sentence are usually released half way through their prison term due to the overcrowding of prisons.
Types of Sentencing: Extended Sentencing s.255 Sentencing Act 2020-gives courts the power to pass an extended sentence for a sexual or violent offence. The offender is given a fixed term custodial sentence plus a further period. (the extension period) during which they are at liberty but on license.
Types of Sentencing: Discharge- the offender is found guilty but the judge decides that no punishment is necessary. Usually minor, morally blameless crimes- judges believe that court process is enough punishment. Conditional Discharge: Offender is found guilty however the judge believes no punishment is necessary. On the condition that no further crimes are committed. However, if offender commits another crime then they will be charged with both offences. Absolute Discharge: No penalty at all
Types of Sentencing: Community Orders s.201 Sentencing Act 2020 This may include: Electronic monitoring e.g tag Drug rehabilitation requirement Curfew requirement (having to be home at a certain time) Residence requirement (having to live at a certain address)
Banning orders: This can be driving bans, bans on going to certain events e.g football matches and a ban on travelling.
Fines: Most common type of sentence handed out at the Magistrates Court- less serious offence so less serious sentence (summary offences) **Maximum amount court can fine is £5,000 (£20,000 if business) The courts take into account the offenders financial situation. % of their weekly earnings**