Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
17 Cards in this Set
- Front
- Back
|
Types of offences (3) |
Indictable Summary Triable euther way |
|
|
Describe indictable offence |
Most serious Examples: murder tape robbery Process: Preliminary hearing decides bail/financial aid. Heard at magistrates |
|
|
Describe summary offence |
Least serious Examples: assault battery, some motoring offences Held in magistrates max = 6mo or unlimited fine |
|
|
Describe triable either way |
Middle range Examples: abh, theft, burglary Guilty = Mag will decide if they have sufficient sentencing powers (if not then cc) Not guilty = mode of trial, where magistrates decide whether to accept jurisdiction. D can decide which court in this case |
|
|
Appeal from magistrates |
D can appeal against conviction to cc Heard by judge + two lay magistrates Appeal route = “way of case stated” where mag made error in laws of procedure. No permission needed. |
|
|
How to appeal to SC |
Appeal must involve a point of law of public importance. Granted permission |
|
|
Aims of sentencing (5) |
Punishment Deterrence Rehabilitation Restorative justice Protection of public |
|
|
Punishment |
Idea of an eye for an eye, punishment should fit crime Eg death penalty It is costly Does not consider circumstances of D or prevent future crime as not restorative |
|
|
2 types of Deterrence |
Individual and general I = stop D reoffending by scaring. Eg heavy fine or prison sentence G = public deterred from crimes with harsh sentencing. Eg disqualified from driving |
|
|
How can deterrence be successful |
Harsh consequences public and in media |
|
|
Where is aims of sentencing set out |
S142 criminal justice act 2003 |
|
|
Rehabilitation |
Aimed to change D’s actions, stop future offences by looking at the reasons for offending in the first place Example is a community order Sentences take into account the personal circumstances. Eg gbh sent to anger management. Eg drug addict who steals given treatment to stop stealing for his addiction |
|
|
Restorative justice |
Aims to repair the damage caused Eg community work or fines Suited to: first time offenders young people Eg cleaning vandalism or apologising to victim |
|
|
Problems with restorative justice |
Too soft and not a valid punishment |
|
|
Protection of public |
Offender is made incapable of ever offending again. Aims to protect society and prevent further offending Examples: disqualified driver, curfew, imprisonment, electronic tagging Eg is death penalty and some countries drugging sex offenders |
|
|
Types of sentencing |
Imprisonment Community order Fine Discharge |
|
|
What is a custodial sentence |
Most serious Should only be used if gone or community order cannot be used - Criminal justice act 2003 If offence is so serious |
