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The Legal System- Sentencing Notes
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Bullet-pointed notes covering the subtopic of sentencing for OCR A-level Law
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SentencingAims of Sentencing
S.142 of the Criminal Justice Act 2003 states the judge must consider the
following aims when passing sentence
1. Punishment
D has done something wrong
The court need to make that right for V and society
Retribution
Must reflect the crime
S.2(2) Criminal Justice Act 1991
Sentencing council provides tariffs
2. Reduction of crime
Deterrence
Put off future crimes
Individual deterrence or general deterrence
Individual:
Put off D
Fear of future punishment
Does not reoffend
Prison, suspended sentence, large fine
Not very effective
55% reoffend within 2 years
General:
Aimed at the public
2011 riots when people were looting shops
Minor thefts were dealt with by custody to send a clear message
3. Rehabilitation
Change Ds behaviour
Reform
Prevent reoffending
Take account of individual circumstances
Community order
4. Public Protection
Stop harming the public
Violent or sexual crimes
Life or long term imprisonment
Criminal Justice Act 2003
Other offences: disqualified from driving, curfew and exclusion order
5. Reparation
Give back to V or society
Restorative Justice
Compensation or unpaid work
Aggravating Factors
More severe sentence
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