Flashcards on Procedural Criminal Law and Sentencing in England

Procedural Criminal Law and Sentencing in England: Student Guide

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What is the purpose of sentencing once a defendant is found guilty?

To decide an appropriate penalty based on the type, seriousness and circumstances of the crime and the maximum penalty available by law.

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Sentencing

29 cards

Card 1

Question: What is the purpose of sentencing once a defendant is found guilty?

Answer: To decide an appropriate penalty based on the type, seriousness and circumstances of the crime and the maximum penalty available by law.

Card 2

Question: What is a custodial sentence?

Answer: The most serious sentence reserved for the most serious crimes; it represents the maximum time the offender will remain in prison.

Card 3

Question: What is a community sentence and what is its main idea?

Answer: A sentence tailored to the individual combining punishment with changing the offender's behaviour and making amends, using a range of options.

Card 4

Question: List common options that can be part of a community sentence.

Answer: Compulsory unpaid work (up to 300 hours), curfew requirement, exclusion requirement (ban from certain areas up to 2 years), electronic monitoring (tag

Card 5

Question: What is a financial sentence?

Answer: A fine.

Card 6

Question: What does a discharge mean in sentencing?

Answer: The offender is found guilty but no further action is taken.

Card 7

Question: Give an example of an 'other' type of sentence mentioned.

Answer: A driving ban.

Card 8

Question: Explain the difference between concurrent and consecutive sentences.

Answer: Concurrent sentences are served at the same time; consecutive sentences are served one after the other (e.g. 6 months then 3 months).

Card 9

Question: What is a suspended prison sentence and how does it work?

Answer: A prison sentence carried out in the community where the person must meet certain conditions (e.g. stay away from a place/person, unpaid work). Breach

Card 10

Question: What are determinate prison sentences and what is the release rule for sentences over 12 months?

Answer: Sentences for a fixed length of time. Anyone sentenced to more than 12 months must be released on licence after serving half the sentence, provided th