Deck 28: Sentencing and Non-Custodial Penalties

Question 1

Even though there was very little legislative change between 1973 and 1981, there was quite considerable change in sentencing practice.

Answer 1

True

Question 2

What was the policy advocated by government ministers in the 1970s and especially the 1980s termed 'bifurcation'?

A)long custodial sentences would be reserved for the violent, dangerous and those from whom the public need protection
B)prisoners would have to take a twin tracked approach
C)shorter sentences or non-custodial sentences would be increasingly used for the more run-of-the-mill offenders

Answer 2

long custodial sentences would be reserved for the violent, dangerous and those from whom the public need protection
shorter sentences or non-custodial sentences would be increasingly used for the more run-of-the-mill offenders

Question 3

What is meant by 'diversion from custody?

A)informal cautioning rather than charging
B)referral to mediation schemes rather than charging and prosecuting
C)using private prison providers

Answer 3

informal cautioning rather than charging
referral to mediation schemes rather than charging and prosecuting

Question 4

In terms of sentencing policy, what principles were at the heart of the 1991 Criminal Justice Act?

A)'Three strikes and you're out'
B)Penal penalty should be proportionate to offence seriousness
C)Custody only where the offence was so serious it could be justified

Question 5

What were seen as the problems associated with the introduction of 'unit fines' by the 1991 Criminal Justice Act?

A)'professionals' such as judges and magistrates felt their discretion was being 'eroded'
B)a serious offence by a low-income defendant attracted a smaller fine than a minor one by a comparatively wealthy defendant
C)They were difficult to calculate

Question 6

In criminal cases what are the two main forms of discharges?

Question 7

Historically, what have been viewed as the problem with suspended sentences?

Question 8

In 1993 what was in Home Secretary Michael Howard's 27 point package of 'emergency action to tackle the crime wave'?

Question 9

What is meant by a process of 'racheting up' community penalties which was said to have occurred between 1998-2003?

Question 10

What is the minimum age at which an offender can be sentenced to a Community Order?

A)18
B)16
C)14

Question 11

Why did the use of the probation order decline from the mid 1960s through the 1970s?

A)fewer people were committing crime
B)no-one can explain the reasons
C)the introduction of other types of punishment

Question 12

One of the effects of the passage of the Criminal Justice Act 1993 was a sharp increase in the prison population.

Question 13

The Crime (Sentences) Act 1997 introduced three sets of 'three strikes' mandatory sentences.

Question 14

The Human Rights Act 1998 means that all UK law is now dictated by the European Convention.

Question 15

One of the controversial aspects of the new legislation during the creation of the new national probation service in 2001, was the names of community penalties.

Question 16

What was one of the overriding concerns in penal policy from the 1970s to the early 1990s?

A)saving money
B)reducing the prison population
C)cutting crime

Question 17

Why has there has long been resistance to the idea of providing guidelines for sentencing practice?

A)because every case is different
B)because judges are very old
C)because it has traditionally been an individualistic practice

Question 18

What has been a major change in the field of sentencing in the last decade or decade and a half?

A)Politicians now regularly involve themselves in sentencing policy
B)the abolition of the death penalty
C)victim statements

Question 19

In what period did the increasing popularity of the fine seem to tail off?

A)1960s
B)1980s
C)2000s

Question 20

In 2001 what were the drivers for a national probation service?