Unit 2 - P8 Task
Factors to Sentencing.
There are two factors that the judge is required to consider when allocating a sentence to a defendant.
These two factors are aggravating and mitigating. Aggravating factors are elements of the defendant’s
conduct that would cause their sentence to increase. Any mitigating factors look at any part of the
defendant’s conduct that would cause their sentence to decrease. An example of an aggravating factor
is if the defendant made a conscious decision to withhold any evidence that is requested of them. An
example of a mitigating factor is if in the given case, the defendant is a first-time offender.
Different Allocated Sentence Types
Custody Sentences
There are different types of sentences that the judge can give to the defendant which is dependent on
the factors mentioned and the seriousness of the offence. The first type of sentence is a custodial
sentence which is often given to defendants who have committed serious offences where the victim’s
life is compromised. The defendants who receive a custodial offence are most likely repeat offenders
and have committed several indictable offences. The different sections under a custody sentence are
mandatory life terms, discretionary sentences and a fixed term. Mandatory life sentences are often
allocated in instances where the defendant has committed fatal offences such as manslaughter, murder
or rape. In these cases, the custody sentence allows the judge to set a tariff period which is a certain
number of years that the defendant must serve until they are permitted to be legible for parole or
release. A discretionary sentence is when the judge is obliged to apply a whole life term to the guilty
subject however, due to certain factors, this is not necessary. A fixed term sentence is when the judge
imposes a set sentence for the defendant, however they may not be required to complete the sentence.
Majority of their sentence must be spent before they are allowed release.
Suspended Sentence.
A suspended sentence can come under the category of custody sentences; it is used often in court to
avoid placing defendant in prison as it derives a large amount of money and time from the government
to do this. Under this sentence, the defendant will not be sent to prison immediately, contrastingly, they
will be given a certain amount of time to determine whether they will reoffend. During this allocated
time, if the defendant reoffends, then they will serve the sentence for their previous and new offence,
however, if the defendant abides by the law in this period, then their offence is disregarded.
Financial Sentences.
A financial sentence is given in the form of a fine, where the defendant will be required to compensate
the victim for the damage and injuries that they suffered. Fines will most likely be given to defendants
who have broken the law relating to road traffic and speeding. In a magistrate's court, the highest
amount that a person would be required to pay is 5000 pounds. However, in the crown court, the fine
has no limit therefore, the defendant could be required to pay a price that ranges from 500 pound to
100,000 pounds.
Community Sentences.
Factors to Sentencing.
There are two factors that the judge is required to consider when allocating a sentence to a defendant.
These two factors are aggravating and mitigating. Aggravating factors are elements of the defendant’s
conduct that would cause their sentence to increase. Any mitigating factors look at any part of the
defendant’s conduct that would cause their sentence to decrease. An example of an aggravating factor
is if the defendant made a conscious decision to withhold any evidence that is requested of them. An
example of a mitigating factor is if in the given case, the defendant is a first-time offender.
Different Allocated Sentence Types
Custody Sentences
There are different types of sentences that the judge can give to the defendant which is dependent on
the factors mentioned and the seriousness of the offence. The first type of sentence is a custodial
sentence which is often given to defendants who have committed serious offences where the victim’s
life is compromised. The defendants who receive a custodial offence are most likely repeat offenders
and have committed several indictable offences. The different sections under a custody sentence are
mandatory life terms, discretionary sentences and a fixed term. Mandatory life sentences are often
allocated in instances where the defendant has committed fatal offences such as manslaughter, murder
or rape. In these cases, the custody sentence allows the judge to set a tariff period which is a certain
number of years that the defendant must serve until they are permitted to be legible for parole or
release. A discretionary sentence is when the judge is obliged to apply a whole life term to the guilty
subject however, due to certain factors, this is not necessary. A fixed term sentence is when the judge
imposes a set sentence for the defendant, however they may not be required to complete the sentence.
Majority of their sentence must be spent before they are allowed release.
Suspended Sentence.
A suspended sentence can come under the category of custody sentences; it is used often in court to
avoid placing defendant in prison as it derives a large amount of money and time from the government
to do this. Under this sentence, the defendant will not be sent to prison immediately, contrastingly, they
will be given a certain amount of time to determine whether they will reoffend. During this allocated
time, if the defendant reoffends, then they will serve the sentence for their previous and new offence,
however, if the defendant abides by the law in this period, then their offence is disregarded.
Financial Sentences.
A financial sentence is given in the form of a fine, where the defendant will be required to compensate
the victim for the damage and injuries that they suffered. Fines will most likely be given to defendants
who have broken the law relating to road traffic and speeding. In a magistrate's court, the highest
amount that a person would be required to pay is 5000 pounds. However, in the crown court, the fine
has no limit therefore, the defendant could be required to pay a price that ranges from 500 pound to
100,000 pounds.
Community Sentences.
