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Legal System 2

Sentencing

TermDefinition
6 months Max custodial sentence in Mags' Court
£5000 Max fine in Mags' Court
s142 CJA 03 Sets out aims of sentencing
Retribution Punishment
Rehabilitation Trying to reform criminals
Individual deterrence Discouraging a criminal from reoffending
General deterrence Discouraging others from offending
Public protection Aim of sentencing that can be achieved by incapacitating criminals
Reparation Restorative justice could achieve this aim
Denunciation Aim of expressing society's disapproval of a crime
s152 CJA 03 States that custodial sentences should only be used where other sentences are inappropriate
Mandatory life sentence Sentence for murder
Discretionary life sentence Sentence of up to life imprisonment
Tariff Minimum time to be served as part of a life sentence
Schedule 21 CJA 03 Sets out starting points for life sentence tariffs
Whole life order Starting point for those involved in the most serious killings
30/15 years Starting points for 'less serious' murder tariffs
LASPO 2012 s122 Reoffenders committing serious offences should get life
CJA 03 s225 Serious/violent offences where there is a strong chance of reoffending/causing serious harm should get life
CJA 03 s226A Provides for 'extended sentences'
Suspended sentence A sentence which will only be served if a further offence is committed
Community sentence Could involve a range of requirements such as unpaid work, employment or drug programmes
CJA 03 s177 Provides for the imposition of community sentences
Fines The most common type of sentence imposed by magistrates
Discharges These may be conditional or absolute
'Custody Plus' Custodial sentence and community order imposed together
Compensation and/or forfeiture Orders that would give reparation to victims or remove proceeds of crime
21 Age at which somebody is no longer a young offender
Young Offenders' Institutions Places where custodial sentences for under 21s are carried out
Youth Rehabilitation Orders Young offender sentence allowed under CJ & Immigration Act 08
Mental Health Act 1983 Allows for people to be detained for treatment for mental conditions
Sentencing Council Issues and reviews guidelines on sentencing
Created by: Mr Lovell