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]