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sentencing factors
- aggravating, cause crime to be more serious and adds time to sentence (eg; 1.vulnerable victim, 2.more than 1 offence, 3.previous convictions, 4.pre meditated)
- mitigating, cause crime to be less serious and takes time off sentence (eg; 1.first time offender, 2.mental illness/disorder, 3.duress, 4.self defence or provoked)
types of sentencing
- custodial sentence
- community
- fine
- discharges
explain custodial sentences
- removes liberty
- most serious punishment and has to be justified;
• mandatory life
• discretionary life
• fixed term
• home curfew
• minimum sentence
• suspended sentence
explain community sentences
- CJA03 created community order for offenders over 16
- lasts up to 3 years
- offender must agree to requirements
- eg; unpaid work, curfew, exclusion requirement
explain fines
- usually given on top of another crime
- often used by mags rarely by crown
- mags max fine £5000
explain discharges
- soft option (no direct punishment)
-if person doesn’t offend again in time period 3 years then no sentence
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