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12 Cards in this Set

  • Front
  • Back

Aims

S142 Criminal Justice Ace 2003 Judges must consider aims when sentencing

Reparation

Compensating the victim, usually with a cash sum

Detternace

Stop the defendant wanting to re-offend for fear of punishment

Rehabilitation

Offer help to the defendants to overcome problems and stop future offences

Prevention

Protect the public for the defendant by putting them in prison

Aggravating Factors

Make the offence more serious:


- Similar previous convictions


- Committed offence while on bail


- Offensive (racist, sexist, religious)


- Offence against the vulnerable


- Committed by a group


- With a weapon


- Repeated offence


-While under the influence

Mitigating Factors

Makes the offence less serious:


- First offence


- Young or old


- Vulnerable


- Express remorse


- Plead guilty


- Provocation by the victim

Custodial Sentence

- Only given when alternatives are not suitable


- Discretionary (up to the judge)


- Maximum time defined in offence


- May give a suspended sentence


- Must be justified due to cost

Community Sentence

- Compulsory unpaid work (40-300 hours)


- Behavior changing programs


- Curfew


- Tags


- Exclusion


- Residence requirements


- Attendance


- Rehabilitation

Financial Sentence

- UP to £5,000 assuming that is less than the statutory maximum

Discharge Sentence

Absolute discharge- no further action but shown on criminal record


Conditional discharge- conviction without sentence so long as no more offences occur between 6 months-2 years

Other Sentences

Driving bans