Applied Law - QCF (Edexcel)

Sentences - last chapter

There are four different types of sentences, custodial sentences, early release community sentences, fines and discharges. Custodial sentences are only granted to those of 18 years of age and it means imprisonment, this is the most severe sanction in the UK and can often affect the offender's whole life in and out of prison; giving this sentence helps protect the offender from the public and prevent repeat offenders from repeating again, some offenders after getting a custodial offenders may be granted early release, those sentenced less than four years can often only serve half their sentence to be granted early release but those in prison longer must serve two thirds of their sentence before being granted early release - those who get released after a sentence longer than four years will have to remain on licence for the remainder of their sentence and those serving life may apply for parole but people with life sentences have a licence for life. Offenders may receive suspended prison sentences - these can vary from 6 months to two years, this means that the offender has to carry out work in the community but if they commit offences over this time period they will have to serve the sentence in prison. A community sentence can be granted to those aged 16 or over and it can help rehabilitate offenders, the way in which you can serve a community sentence is, unpaid work, probation, treatment for addictions, training programs to help with addictions and anger management, prohibited activity requirement and a curfew. Offenders may be asked to pay fines (financial penalty) and this can go alongside another offence , fines are baked on the seriousness of the offence and the offenders financial situation and last but not least offenders may be granted discharge when the court come to the conclusion that every other sentence is too serious; if convinced with a conditional discharge they are let out on the conditions that if they commit any offences in the next three years they may be resentenced and an absolute discharge means the offender will be released only with a criminal record.

Aims of sentencing

There are six aims of sentencing retribution, deterrence, reform, incapacitation, reparation and denunciation. Retribution, also known as the 'act of revenge', punishes the offender by sending them to prison or giving them a fine. Deterrence is split up into two parts specific and general; specific deterrence punishes the offender in the expectation that they see no other offences and general deterrence is to punish the offender in such a way that other possible future offenders to be deterred from committing the crime due to the punishment - deterrence involves prison or a heavy fine. Reform commonly known as rehabilitation aims to restore the behaviour of the offender by giving them training and therapy; this will be used if the offender has a suspended prison sentence, support like education and drug rehabilitation and discharges. Incapacitation is put in place to protect the offender from offending again - this can involve driving bans, curfew and prison. Reparation aims at compensating the victim by getting the offender to pay a fine, return stolen property, have meetings between the offender and the victim (restorative justice) and community service and last but not least denunciation, this is society's way of showing the offender that committing a crime deserves a punishment, this can include prison, a heavy fine or community service.

Aggravating and mitigating factors

In every case there are aggravating factors and mitigating factors, these help give the offender the correct sentence; aggravating factors look at the crime committed and these factors can make the punishment more severe and mitigating factors look at the offender as an individual and these factors can make the punishment less severe... Aggravating factors take the offenders plea into consideration, any previous convictions, offenders willingness to cooperate with bail if offence was committed on bail, if they had any racial or religious hostility, whether it was an individual or a group crime, if the victim was vulnerable, whether the crime was planned or not and if the offender intended for the crime to be more serious than it already resulted... Mitigating factors takes the amount of cooperation the offender has given during the case, whether or not the offender has admitted their guilt or shown remorse, if the offender has any previous convictions, takes the victims mental health or disabilities into consideration and whether or not the defender intended less harm than what was caused.

Non-fatal offences

There are 4 different types of non-fatal offences common assault, battery, ABH and GBH. The legislation regarding common assault is S.39 Criminal Justice Act (CJA 1988), common assault includes battery and assault, these are labelled at summary offences and can only go to a magistrates court - the maximum punishment for these offences are 6 months in custody and a £5000 fine and they include non custodial sentences. ABH is included in the S.47 of the Offenses Against the Person Act (1861) is a triable either way offence, so go can in the magistrates court or the crown court, the max sentence ABH can get in a court is 5 years imprisonment and an unlimited fine, custodial sentences are the most likely outcome but it can also include community sentences. GBH is split into 2 sections; Unlawful Wound or Inflict GBH S20 and Unlawfully & Maliciously Wound or Cause GBH With Intent S18; GBH section 20 is the less serious offence so therefore it is triable either way meaning it can go to either a magistrates court or a crown court, as section 18 is far more serious it is counted as an indictable offence and can only get tried in a crown court - for section 20, in a magistrates court the maximum punishment is 6 months custody and a £1000 pound fine and in a crown court the maximum punishment is 5 years and an unlimited fine - custodial is very likely for section 20 but a community sentence is a possibility; section 18 in a crown court can be tried for an unlimited fine and a life sentence and custodial is the most likely turnout.

Research 3 cases relating to the above offences, all offences must be criminal, given the fact of the case, the sentence and then the aggravating and mitigating factors - i can't seem to find cases after they happened, only what people have been charged with and not what happened during the cases. "A woman named Abbey Gevins was charged with assault, she was charged with threatening violence as she was carrying a broken mirror around like a weapon and is to be charged in crown court"

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