Unit 1 Sentencing B141 OCR

1. Deterrence

   Anotações:

   • to prevent future crime  
   1. general

      Anotações:

      • Other people will see people getting punished and be put off of offending.  Requires media reporting of sentences to get the message across 
   2. individual

      Anotações:

      • specific to the offender - they are punished and therefore will be less likely to re-offend in the future
2. reform/rehabilitation

   Anotações:

   • the offender is taught to change their behaviour.  This may be through education programs, in and out of prison May be through community work May be drugs and alcohol treatment programs 
3. punishment/ retribution

   Anotações:

   • to show society's disapproval.   Long prison sentence, high value fine.  
4. reparation

   Anotações:

   • offender pays something back to society May be made to carry out unpaid work in the community  Or pay criminal compensation direct to the victim 
5. protection of the public

   Anotações:

   • where the offender is prevented from being able to commit future crime Prison sentences or driving bans

1. suspended sentence

   Anotações:

   • D does not go straight to prison but is told that if they commit any further offences they will serve this sentence ADDED to any new sentence
   1. offender is allowed to remain free, but on condition that he does not commit another crime during the period of suspension. If he's convicted of a further crime during this period then the 1st crime will be taken into account when the defendant is sentenced for thr 2nd crime
2. mandatory life sentence

   Anotações:

   • murder has a MANDATORY life sentence Other serious offenders may get a DISCRETIONARY life sentence if the judge feels it is appropriate - EG rape, armed robbery 
3. discretionary sentence

   Anotações:

   • defendant will serve time in prison Can be anything from a couple of weeks to  Life.   
   1. based on the max. sentence allowed by an Act of Parliament for that crime.
4. intermittent scentence
   1. offenders serve custodial sentences on weekends in order to fit around their jobs or families.

1. financial penalty

   Anotações:

   • The offender must pay a fixed amount The amount  will depend on the offence and the ability of the offender to pay. 

1. unpaid work between 40-300hrs. on a specified subject

   Anotações:

   • the offender may be asked to do unpaid work in their community,  EG picking up litter or removing graffiti 
   1. supervision order
      1. alcohol treatment
2. rehabilitation order

   Anotações:

   • offender may be instructed to attend drugs and alcohol treatment.  May be asked to attend anger management classes.  

1. absolute

   Anotações:

   • although found guilty there is no punishment.  The offender is free to go. The process of the trial has been punishment enough for them 
2. conditional

   Anotações:

   • the offender agrees not to re-offend within a certain time period. They may be monitored

1. things which make a sentence seem worse

   Anotações:

   • EG, violence weapon used racially motivated vulnerable victim previous convitions 
   1. being racially or religiously motivated
      1. use of a weapon to either threaten or harm
         1. Offence being planned or sustained
            1. There being head-butting, kicking, biting or attempted stranulation.
               1. targeting the vulnerable e.g. elderly, chidlren...

1. things which excuse the defendant and may decrease the sentence

   Anotações:

   • eg   offender is young the victim provoked the offender the offender is from a difficult background Previous good character - no convictions  
   1. person being provoked
      1. committing a single blow, shove or push

1. the type of the crime committed

   Anotações:

   • some crimes have a legal minimum sentence.  EG murder - compulsary life sentence 
2. seriousness of the crime
3. the circumstances in which the offence was carried out

Anotações:

• run by local authorities.  Children are closely watched and have limited contact with their families. Vulnerable children may stay until 15 or 16. Others may move on at 14 

1. house those 12-14, girls up to the age of 16 and 15-16 year old boys who are assessed of being vulnerable to crime.
2. run by the local authority social services departments

Anotações:

• a prison-like environment, often Focus on training, education and changing behaviour 

1. ages 14-17
2. aim is to provide an environment where the y.o. can be rehabilitated through education, 25 hrs. a week, 50w a year.

Anotações:

• very like adult prison Prisoners in cells, training programmes and education are offered.     At 21 offenders are moved to adult prisons 

1. ages 18-20
2. offender can serve the maximum allowable for that offence but if they reach 21 during this time they would be sent to an adult prison.

1. for y.o. who plead guilty

   Anotações:

   • the young person and their parents agree to a behaviour contract

1. the y,o, must repay the victim in some way following his conviction or repay the community in some way, it could be a financial payment directly to the victim or to the community as a whole by unpaid work e.g. carrying out graffiti removal

   Anotações:

   • the young offender does some unpaid work in the community
2. offenders 18 or under

Anotações:

• the courts will pick from a wide range of rehabilitation options to help the offender change their behaviour- Drugs and alcohol treatment Foster care order Banning from certain areas Curfew - being home at a certain time plus many more! 

1. Imposed on offonders under the age of 18
2. addresses the individual needs or reasons why the offender has committed a crime
3. lasts up to 3 months and aims to rehabilitate the offender through education

1. required the y.o. to attend an attendance centre usually on Sats. which is organised by the police or probation service
   1. focuses on an organised programme of physical activities or education and training.

1. offenders aged 18 and under
2. y,o, are placed under the supervision of either the probation service or local authority
   1. can be placed up to a max. of 3yrs.
3. conditions such as curfews are placed under this order