9084 · 2.3.1
Adult offenders flashcards
Revision flashcards for Cambridge 9084 Adult offenders (syllabus 2.3.1). Flip, recall, then mark a real past-paper question.
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Main adult sentence types?
Imprisonment, suspended sentence, community order, fine, absolute/conditional discharge.
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Suspended sentence order (SSO)?
Custodial term suspended — offender serves time only if breaches requirements or commits further offence during operational period.
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Community order requirements?
Unpaid work, curfew, programme, prohibited activity, residence, mental health treatment, etc.
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Fine calculation?
Based on offence seriousness and offender's financial means — day-fine unit approach.
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Conditional discharge?
No punishment if no further offence during set period (typically 1–3 years).
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When is custody last resort?
Courts must consider whether community sentence is appropriate before imposing immediate custody for less serious offences.
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What is the 'custody threshold test' under the Criminal Justice Act 2003?
The principle that a court must not pass a custodial sentence unless it is of the opinion that the offence was so serious that neither a fine alone nor a community sentence can be justified for the offence.
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Name three requirements that can be attached to a Community Order.
Examples include: Unpaid Work Requirement (community payback), Curfew Requirement (electronically tagged), Programme Requirement (e.g., anger management), and Rehabilitation Activity Requirement.
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Distinguish between a mandatory and a discretionary life sentence.
A mandatory life sentence is the only sentence a court can impose for murder. A discretionary life sentence is the maximum sentence for other serious offences (e.g., manslaughter), which the judge can choose to impose but is not required to.
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What is the key difference between an absolute and a conditional discharge?
An absolute discharge means no further action is taken as the offender is considered morally blameless. A conditional discharge means the offender faces no penalty unless they commit another offence within a specified period (up to 3 years), in which case they can be re-sentenced for the original offence.
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What is a key aggravating factor in sentencing?
A factor that makes the offence more serious, leading to a harsher sentence. Examples include previous convictions for similar offences, racial or religious aggravation, use of a weapon, or targeting a vulnerable victim.
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What is the role of the Sentencing Council?
To promote consistency in sentencing by producing guidelines that courts must follow unless it is not in the interests of justice. This ensures fairness and transparency in the sentencing process.
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How is the sentence reduction for a guilty plea calculated?
It's a sliding scale. A plea at the first reasonable opportunity gets a one-third (1/3) reduction. This reduces to one-quarter (1/4) after the first hearing, and then to one-tenth (1/10) on the first day of trial. There is no reduction if the plea is made late in the trial.
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What is a 'starting point' in sentencing guidelines?
It is the preliminary sentence for an offence based on its typical seriousness (harm and culpability), before considering specific aggravating or mitigating factors of the case.
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Explain the 'unit system' for calculating fines.
The court first sets a number of units based on offence seriousness. It then calculates the monetary value of one unit based on the offender's disposable weekly income. The final fine = (Number of Units) x (Value per Unit).