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SmartLaw
Sentencing Quiz
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2. Fewer people are being sent to prison today than 10 years ago.
Sentencing quiz
Fewer people are being sent to prison today than 10 years ago.
FALSE
Between June 1993 and June 2012 the prison population in England and Wales increased by 41,800 prisoners to over 86,000. This increase is mainly due to courts sending more offenders to prison. During this same time period most types of crime fell. The 2013/14 Crime Survey for England and Wales showed that crime remained at its lowest level since the survey was first introduced in 1981.
The average length of sentences has also increased.
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3. Sentences are getting more lenient.
Sentencing quiz
Sentences are getting more lenient.
FALSE
From 1999 to 2011, the average time served in prison increased from 8.1 to 9.5 months.
It is worth pointing out to students that when reading a newspaper report about a particular case, it can be difficult to judge whether it is too lenient, as it will not cover all the facts of the case. Judges will normally produce sentencing remarks which explain their reasons for giving a particular sentence.
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4. A life sentence means someone spends the rest of their life in prison.
Sentencing quiz
A life sentence means someone spends the rest of their life in prison.
FALSE
A jail sentence means more than just time in prison. If an offender is sent to prison, the judge will decide how long they should spend in custody, but time in prison is just one part of the sentence. Offenders always complete their full sentence but usually part of the time is spent in prison and the rest is spent on licence.
For example the minimum term for a murder with a knife is 25 years – offenders could then be released on licence. This means they are subject to certain conditions for the rest of their life. If they break the terms of this licence, they will go back to prison.
The most serious offenders receive a whole life tariff, this means they will spend the rest of their life in prison – currently there are over 50 such prisoners.
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5. Victims are considered when a convicted criminal is sentenced.
Sentencing quiz
Victims are considered when a convicted criminal is sentenced.
TRUE
There are two main areas considered when sentences are made. Firstly the harm the victim has suffered and secondly the offenders role in the crime. The effect on the victim is therefore crucial in determining how long a sentence is.
In addition to this courts have a duty to consider compensation orders in all cases. This means that if the offender has the money to pay compensation to their victim, then they can be required to do so. Courts must also order a victim surcharge, this is an additional amount of money which is used to help fund and improve services for victims of crime.
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6. Judges are out of touch with reality.
Sentencing quiz
Judges are out of touch with reality.
FALSE
All judges face the realities of crime in society every day, with all types of offenders coming before them from all sections of the community. Judges and the public are more in tune than many people think – when people are asked to sentence actual cases, the sentences chosen are often similar to those that judges pick.
You can see how you compare with judges by trying out You Be The Judge – listen to the facts of the case and pass your own judgement.
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7. Sentencing quiz
Offenders can get their sentences reduced if they admit they are guilty.
TRUE
Offenders who admit their guilt can get up to a third off their sentence. The principle of reductions for guilty pleas was introduced by Parliament – judges and magistrates decide the precise amount of time off to give the offender depending on when they enter their guilty plea. Those who enter a guilty plea at the earliest stage will receive the maximum one third off their sentences whilst those who enter a late guilty plea may receive only a 10 per cent reduction.
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8. Criminals who are not sent to jail simply walk out of court free.
Sentencing quiz
Sentencing quiz
Criminals who are not sent to jail simply walk out of court free.
FALSE
The phrase “walk free from court” often appears in media reports about situations where someone is found guilty but is not sent to prison. All convicted offenders will face restrictions on their freedom. The only time someone could genuinely “walk free” from court is when they are either acquitted – that is, when they are found not guilty – or when they receive an unconditional discharge, this is very rare.
If offenders are given a community sentence, they have to comply with up to 12 restrictions on them such as doing unpaid work for up to 300 hours, keeping to a curfew, a ban from going to particular places or doing certain activities or supervision by the Probation Service.
A suspended sentence, which gives an offender the chance to mend their ways, comes with similar restrictions and, if they commit another crime or don’t keep to the requirements, they can be sent to prison.
Even if offenders get a conditional discharge, if they commit another crime they could find themselves back in court to be sentenced for the new offence, and the original one.
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9. The length of a sentence reflects the seriousness of the crime.
Sentencing quiz
The length of a sentence reflects the seriousness of the crime.
TRUE
When making a sentence judges and magistrates weigh up all the facts, how blameworthy the offender is and the level of harm they have caused, particularly to the victim. They then use sentencing guidelines to reach an appropriate sentence.
They look at aspects of the case that make the offence more serious, and any factors that reduce its seriousness. The judge must also consider other factors such as whether the offender pleaded guilty – which normally means a reduction in sentence – or whether they spent time in prison while awaiting trial and sentencing. This time is deducted from the overall sentence.
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10. All convicted criminals are sent to jail.
Sentencing quiz
All convicted criminals are sent to jail.
FALSE
Many offenders rightly deserve to go to prison. However, prison sentences are not appropriate for every crime and many offenders are best dealt with in other ways.
Community sentences aim to punish the offender for their crime, while dealing with the reasons for the offence and preventing re-offending. Failure to comply with the requirements of a community sentence will bring the offender back to court and could mean a prison sentence is imposed.
It is worth pointing out to students that sometimes it is reported in the media that an offender has “walked free from court” after sentencing if they have not been sent to jail. This isn’t true – all non-custodial sentences impose restrictions on the offender. A community sentence can require up to 300 hours from the offender and place them under other restrictions like a curfew.
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11. You always get let off your first offence.
Sentencing quiz
You always get let off your first offence.
FALSE
If someone commits an offence then the seriousness of that offence will dictate what happens to them. If the offence is something very minor and the person has no previous convictions, then they may not even be taken to court and may be dealt with by means of a caution or fixed penalty notice, which mean the person will not get a criminal record. BUT if the offence is considered to be serious, even for a first offence you could go to court and be punished and get a criminal record.
As a rule, someone who has many previous convictions for a particular offence will be treated more severely than a first time offender.
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12. People under 18 are treated differently to adults in court.
Sentencing quiz
People under 18 are treated differently to adults in court.
TRUE
Young people aren’t treated the same way by the courts as adults. Offenders aged are usually dealt with and sentenced in the youth court except for cases involving very serious offences, such as murder, or where the young person will be tried alongside an adult, which are dealt with and sentenced in the Crown Court.
When sentencing a young offender, the court considers the main aim of the youth justice system – the prevention of offending by children and young people. No one wants young people growing up to become hardened adult criminals. That is why the law states that the principal aim of the youth justice system is to prevent offending by children and young people and that the court must have regard to the welfare of the offender.
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