The document discusses various types of adult sentencing in the UK criminal justice system, including custodial sentences, community orders, fines, and discharges. It outlines factors that may be considered aggravating or mitigating at sentencing, such as previous convictions, expression of remorse, and vulnerability. Sentencing depends on the seriousness of the offense and the offender's circumstances and risk level. Community orders have various requirements like unpaid work, supervision, or curfews. Fines amounts consider the seriousness of the offense and the offender's ability to pay.

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 />