1. Adult Sentencing – Worksheet<br />Objectives <br />Understand the types of sentences<br />Understand aggravating and mitigating circumstances<br />GUILTY! <br />You have been found guilty so what next??<br />Certain information is taken into account...<br />Previous Convictions<br />Pre-sentence reports<br />Medical reports<br />Defendant’s finances <br />Mitigating Factors <br />What are mitigating factors? <br />______________________________________________________________________________________________________________________<br />They include:<br /> First offence<br /> Very young or old<br /> Vulnerable offender<br /> Expressed Remorse<br /> Home circumstances <br />I’m Guilty! <br />If you plead guilty early enough your sentence may be reduced.<br />This is usually cut by a third!!<br />BUT the Sentencing Guidelines Council issued new guidelines in July 2007 <br />Aggravating Factors <br />What are aggravating factors? <br />___________________________________________________________<br />They include:<br /> Previous convictions<br /> Committed on bail<br /> Racial or religious hostility<br /> Disability or sexual orientation hostility<br /> Vulnerable victim<br /> Committed by a group<br /> Abusing position of trust<br /> Use of weapon<br /> Drugs <br />-28575342900If the question asks about factors that might be taken into account, check to see if any aggravating or mitigating factors are present in the scenario.Also remember the maximum sentences a judge can impose e.g. 6 months for assault. Do not assume that a custodial sentence will be given!Exam Hint! <br />Types of Sentencing <br />There are many different types:<br /> Custodial<br /> Community Order<br /> Fines<br /> Discharges<br /> Home Detention Curfews<br /> Suspended Sentences<br /> Disqualification & Compensation Orders<br /> ASBOs <br />Custodial <br />Under the Criminal Justice Act 2003, s. 152 the court can only impose a custodial sentence if the offence is so severe that neither a fine or community sentence can be justified.<br />-38100633095Fixed Term SentencesAdult Custody refers to those over the age of 21, between 18-21 they would go to a secure Young Offenders Institute<br />17913351270Suspended Sentences<br />344805065405Life Sentences-3810017780Mandatory Sentences<br />-1542415384175Indeterminate Sentences 1886585469900Extended Sentences<br />Prison <br />Look at the picture of the prison cell you have been given.<br />How does this meet the purposes of sentencing a criminal? <br />Release and Parole <br />Do you think we should release people before their sentence is up?<br />Community Order <br />Under the Criminal Justice Act 2003 s. 177 one order can include anything the court considers necessary.<br />The order must contain one or more of 12 requirements to fulfil the purposes of sentencing.<br />The offender must consent to the order!<br />The order is determined by the seriousness of the offence, the offender’s risk and needs. <br />12 Requirements <br />Unpaid Work - 40-300 hoursSupervision – up to 3 years_______________ – e.g. SexualDrug Rehabilitation – treatment and test___________________Mental Health treatmentResidenceSpecified Activity – up to 60 days____________________________ – from a placeCurfew – can be electronically monitoredAttendance Centre – 12-36 hours under 25’s<br />Fines <br />s.128 Powers of Criminal Courts (Sentencing) Act 2000<br /> Seriousness of the offence <br /> Offenders ability to pay. <br /> Under 16’s parents are deemed responsible.<br />If they don’t pay it can be taken out of wages! <br />Independent work <br />Find out what the remaining sentences are:<br /> Discharges – both types<br /> Suspended sentences<br /> Compensation & Restoration Order<br /> ASBOs <br />Cases <br />Look at the newspaper examples:<br />For each one consider the facts, the sentence given and why. <br />News CaseFactsSentenceWhy?<br />Exam Question <br />Oscar was a member of a group who supported a particular football team. One evening, after their team had lost a match, the group saw Jimmy who was wearing a football shirt of a rival team. They attacked him, knocked him to the ground and repeatedly kicked him. Oscar was caught, but the other members of the group escaped. Oscar has a number of previous convictions for offences involving violence, but he has learning difficulties and is easily influenced by others.<br />Outline the range of sentences available to the court. Taking into account any aggravating or mitigating factors, discuss how the court might treat Oscar. [20 marks] <br />