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Adult Sentencing – Worksheet
Objectives
• Understand the types of sentences
• Understand aggravating and mitigating circumstances
GUILTY!
You have been found guilty so what next??
Certain information is taken into account...
1. Previous Convictions
2. Pre-sentence reports
3. Medical reports
4. Defendant’s finances
Mitigating Factors
What are mitigating factors?
______________________________________________________________________________________________________________________
They include:
First offence
Very young or old
Vulnerable offender
Expressed Remorse
Home circumstances
If the question asks about factors that
might be taken into account, check to see if
any aggravating or mitigating factors are
present in the scenario.
Also remember the maximum sentences a
judge can impose e.g. 6 months for assault. Do not assume that a
custodial sentence will be given!
I’m Guilty!
If you plead guilty early enough your sentence may be reduced.
This is usually cut by a third!!
BUT the Sentencing Guidelines Council issued new guidelines in July 2007
Aggravating Factors
What are aggravating factors?
___________________________________________________________
They include:
Previous convictions
Committed on bail
Racial or religious hostility
Disability or sexual orientation hostility
Vulnerable victim
Committed by a group
Abusing position of trust
Use of weapon
Drugs
Exam Hint!
Mandatory Sentences
Suspended Sentences
Fixed Term Sentences Life
Sentences
Types of Sentencing
There are many different types:
Custodial
Community Order
Fines
Discharges
Home Detention Curfews
Suspended Sentences
Disqualification & Compensation Orders
ASBOs
Custodial
Under the Criminal Justice Act 2003, s. 152 the court can only impose a custodial sentence if the offence is so severe that neither a fine or community sentence can be justified.
Adult Custody refers to those over the age of 21, between 18-21 they would go to a secure Young Offenders Institute
Indeterminate Senten
ces
Extended
SentencesPrison
Look at the picture of the prison cell you have been given.
How does this meet the purposes of sentencing a criminal?
Release and Parole
Do you think we should release people before their sentence is up?
Community Order
Under the Criminal Justice Act 2003 s. 177 one order can include anything the court considers necessary.
The order must contain one or more of 12 requirements to fulfil the purposes of sentencing.
The offender must consent to the order!
The order is determined by the seriousness of the offence, the offender’s risk and needs.
12 Requirements
Unpaid Work - 40-300 hours
Supervision – up to 3 years
_______________ – e.g. Sexual
Drug Rehabilitation – treatment and test
___________________Mental Health
treatment
ResidenceSpecified Activity – up
to 60 days___________________
_________ – from a placeCurfew – can be
electronically monitored
Attendance Centre – 12-36 hours under 25’s
Fines
s.128 Powers of Criminal Courts (Sentencing) Act 2000
Seriousness of the offence
Offenders ability to pay.
Under 16’s parents are deemed responsible.
If they don’t pay it can be taken out of wages!
Independent work
Find out what the remaining sentences are:
Discharges – both types
Suspended sentences
Compensation & Restoration Order
ASBOs
Cases
Look at the newspaper examples:
For each one consider the facts, the sentence given and why.
News Case Facts Sentence Why?
Exam Question
Oscar was a member of a group who supported a particular football team. One evening, after their team had lost a match, the group saw Jimmy who was wearing a football shirt of a rival team. They attacked him, knocked him to the ground and repeatedly kicked him. Oscar was caught, but the other members of the group escaped. Oscar has a number of previous convictions for offences involving violence, but he has learning difficulties and is easily influenced by others.
Outline the range of sentences available to the court. Taking into account any aggravating or mitigating factors, discuss how the court might treat Oscar.
[20 marks]
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