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Legal System 2
Sentencing
| Term | Definition |
|---|---|
| 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 |
| Whole life order | Starting point for those involved in the most serious killings |
| 30/15 years | Starting points for 'less serious' murder tariffs |
| Extended determinate sentence | Offender serves 2/3 of sentence in custody |
| 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 |
| Sentencing Council | Issues and reviews guidelines on sentencing |
| Blackshaw & Others | Deterrent sentence issued |