Question 1

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

Accepted Answer

The problem historically with the suspended sentence is that it has not generally been limited to cases where the offender would otherwise have been sent to prison. Though estimates vary, it is suggested that up to half of those given suspended sentences would not have been sentenced to immediate custody had the suspended sentence not existed (Bottoms, 1987)

Question 2

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

Accepted Answer

The absolute discharge means that the person is released without further punishment being imposed. By contrast, the conditional discharge also frees the defendant without penalty, though it requires them to avoid future offending. Thus, under a conditional discharge if, during a specified period up to a maximum of three years, the person is not found guilty of another offence then the matter will be regarded as closed. However, if they are convicted during that period then they can be sentenced in court not only for the new offence but also for the old one.

Question 3

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

Accepted Answer

As with the use of custody during this period, a general process of 'racheting up' has also occurred in relation to community penalties. Thus, whereas in 1991, 22 per cent of convictions for an indictable offence resulted in a community sentence, by 2001 this had risen to 32 per cent. The most significant element in explaining this trend is the progressive falling-out-of-favour of the fine as a penalty. During the same period, there was a 25 per cent fall in the use of fines and there was also a substantial, though less dramatic, drop in the use of absolute or conditional discharges in the sentencing of indictable offences (Figure 27.2 ,in the text)

Question 4

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

Accepted Answer

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

Accepted Answer

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

Question 6

What is meant by 'diversion from custody?

Accepted Answer

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

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

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 
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

Question 9

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

Accepted Answer

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

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) 18 
B) 16 
C) 14 
A) 18 
B) 16 
C) 14

Question 12

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

Accepted Answer

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

Question 13

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

Accepted Answer

The answer of In 2001 what were the drivers for...

Question 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

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 
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 16

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

Accepted Answer

A) True 
 B)False

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

The answer of In 1993 what was in Home Secretary...

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

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

Exam 28: Sentencing and Non-Custodial Penalties

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

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

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

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

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

What is meant by 'diversion from custody?

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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