Sentencing in England and Wales This topic is about the sentences that can be handed down to both adult and young offenders who have been convicted of offences. This topic is an opportunity to reflect on the key concepts of liability, justice, fairness, power and its limits, and effectiveness — Paper 2 — A Level Law 9084 topical questions

Question 1

(a) Jamal passed his driving test on June 1 2015. On December 30 2015, Jamal is stopped by a police officer as he is driving down a city st…

Question 2

(a) Daisy, aged 40, runs a business walking people’s dogs whilst they are at work. Stefan pays Daisy to walk Rex, his large and lively dog.…

Accepted Answer

Question Answer Marks 1(a) Explain how the Dangerous Dogs Act 1991 will apply to Stefan. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Stefan is likely to be liable. and/or • Reference to Dangerous Dogs Act 1991 s3 with little or no development. Band 4 [6–7 marks] Reference to s3(1), (2) and (4) with some development and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Stefan may or may not be liable for an offence. Under s3(1) the ripped shorts will not be an aggravated offence. Stefan may have a defence to a charge under s3(1)(a) using s3(2) as he paid Daisy who was running a dog walking business and so he would not be convicted under s3(4). Alternatively Stefan may be liable for an offence under s3(1)(a) as he knew of a problem with Rex and so he would be convicted using s3(4). 1(b) Explain how the Dangerous Dogs Act 1991 will apply to John. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that John will be liable. and/or • Reference to Dangerous Dogs Act 1991 s1 with little or no development. Band 4 [6–7 marks] Reference to s1(1)(a) and/or s1(2)(b) and/or s1(2)(e) and/or s1(7) with some development and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: John will be liable under s1(1)(a) if Millie is proved to be a pit bull terrier. He is liable under s1(2)(b) as he is offering Millie for sale. He is also liable under s1(2)(e) as he abandons Millie. He is likely to be convicted under s7 and not to have a defence under s7(b) as he knows his friend breeds pit bull terriers. Credit reference to s1(2)(d) as Millie is left without a muzzle on a housing estate which may be a public place 1(c) Explain how the Dangerous Dogs Act 1991 will apply to Courtney. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Courtney will not be liable and/or • Reference to Dangerous Dogs Act 1991 s1 and s3 with little or no development Band 4 [6–7 marks] Reference to s1(1)(a) and/or s1(2)(d) and/or s3 with some development and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Courtney will not be liable. There is a breach of s1(1)(a) as the vet has said Lucky is a pit bull terrier. She is not liable under s1(2)(d) as she makes Lucky wear a lead and muzzle. This also means she is not liable under s3(1) as Lucky is not dangerously out of control and so Courtney has not committed an offence under s3(4) even though Mike suffers an injury in a public place. 1(d) Describe the sentences given to adult offenders and critically analyse 20 the aims behind those sentences. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Describes and/or discusses adult sentencing in very general terms. Band 3 [7–13 marks] Some more detailed references to adult sentences and/or the aims which lie behind the sentences. Band 4/5 [14–20 marks] Very good discussion of the sentences available for adults and the aims which lie behind them. To reach higher marks candidates need to deal with both parts of the question in detail. Need to show a good level of detail and good critical awareness linked to the question.

Question 3

(a) Daisy, aged 40, runs a business walking people’s dogs whilst they are at work. Stefan pays Daisy to walk Rex, his large and lively dog.…

Accepted Answer

Question Answer Marks 1(a) Explain how the Dangerous Dogs Act 1991 will apply to Stefan. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Stefan is likely to be liable. and/or • Reference to Dangerous Dogs Act 1991 s3 with little or no development. Band 4 [6–7 marks] Reference to s3(1), (2) and (4) with some development and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Stefan may or may not be liable for an offence. Under s3(1) the ripped shorts will not be an aggravated offence. Stefan may have a defence to a charge under s3(1)(a) using s3(2) as he paid Daisy who was running a dog walking business and so he would not be convicted under s3(4). Alternatively Stefan may be liable for an offence under s3(1)(a) as he knew of a problem with Rex and so he would be convicted using s3(4). 1(b) Explain how the Dangerous Dogs Act 1991 will apply to John. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that John will be liable. and/or • Reference to Dangerous Dogs Act 1991 s1 with little or no development. Band 4 [6–7 marks] Reference to s1(1)(a) and/or s1(2)(b) and/or s1(2)(e) and/or s1(7) with some development and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: John will be liable under s1(1)(a) if Millie is proved to be a pit bull terrier. He is liable under s1(2)(b) as he is offering Millie for sale. He is also liable under s1(2)(e) as he abandons Millie. He is likely to be convicted under s7 and not to have a defence under s7(b) as he knows his friend breeds pit bull terriers. Credit reference to s1(2)(d) as Millie is left without a muzzle on a housing estate which may be a public place 1(c) Explain how the Dangerous Dogs Act 1991 will apply to Courtney. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Courtney will not be liable and/or • Reference to Dangerous Dogs Act 1991 s1 and s3 with little or no development Band 4 [6–7 marks] Reference to s1(1)(a) and/or s1(2)(d) and/or s3 with some development and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Courtney will not be liable. There is a breach of s1(1)(a) as the vet has said Lucky is a pit bull terrier. She is not liable under s1(2)(d) as she makes Lucky wear a lead and muzzle. This also means she is not liable under s3(1) as Lucky is not dangerously out of control and so Courtney has not committed an offence under s3(4) even though Mike suffers an injury in a public place. 1(d) Describe the sentences given to adult offenders and critically analyse 20 the aims behind those sentences. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Describes and/or discusses adult sentencing in very general terms. Band 3 [7–13 marks] Some more detailed references to adult sentences and/or the aims which lie behind the sentences. Band 4/5 [14–20 marks] Very good discussion of the sentences available for adults and the aims which lie behind them. To reach higher marks candidates need to deal with both parts of the question in detail. Need to show a good level of detail and good critical awareness linked to the question.

Question 4

(a) Ralph has finished his exercise routine at the gym, where he is a member. In the changing room there is a curtain on which a sign says,…

Accepted Answer

Question Answer Marks 1(a) Explain how the Theft Act 1968 will apply to Ralph. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Ralph will be guilty of burglary. and/or • Reference to s9(1)(b) Theft Act 1968 and/or s9(3) and/or R v Walkington with little or no development Band 4 [6–7 marks] Some development of any of s9(1)(b) and/or s9(3) and/or R v Walkington and some application Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Ralph will be guilty of burglary under s9(1)(b) as by going behind the curtain marked ‘private’ he becomes a trespasser and he attempts to steal the watch as well as inflicting GBH on Simon. A jury would see going behind the curtain as a part of a building from which he is excluded as in Walkington and the sentence under s9(3)(b) will be up to 10 years as a gym is not a dwelling. 1(b) Explain how the Theft Act 1968 will apply to Bernard. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Bernard has committed burglary. and/or • Reference to s9(1)(a) Theft Act 1968 and/or s9(3) and/or R v Jones and Smith with little or no development. Band 4 [6–7 marks] Some development of any of s9(1)(a) Theft Act 1968 and/or s9(3) and/or R v Jones and Smith and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Bernard will be guilty of burglary under s9(1)(a). He is a trespasser because before he enters his father’s house he is angry and intends to exceed the permission he has been given, as in Jones and Smith. Bernard meets s9(2) as he steals the laptop. His sentence under s9(3)(a) will be up to 14 years as his father’s house is a dwelling. 1(c) Explain how the Theft Act 1968 will apply to Anita. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Anita has committed burglary. and/or • Reference to s9(1)(a) Theft Act 1968 and/or s9(2) and/or s9(3) and/or R v Ryan with little or no development Band 4 [6–7 marks] Some development of some of s9(1)(a) Theft Act 1968 and/or s9(2) and/or s9(3) and/or R v Ryan and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Anita has committed burglary under s9(1)(a) as she intended to steal the dress when she enters the store which is an offence under s9(2). The fact that she cannot do so will not matter according to Ryan. Her sentence under s9(3)(b) will be up to 10 years as the shop is not a dwelling. 1(d) Describe the sentences used by courts when dealing with adult 20 offenders and assess their effectiveness. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Discusses sentences for adults and/or their effectiveness in very general terms. Band 3 [7–13 marks] Some more detailed references to the sentences used by courts in relation to adults but with a largely factual basis and/or some evaluation. Band 4/5 [14–20 marks] Very good detail on the range of sentences used by the courts when dealing with adults and good discussion of their effectiveness. To reach higher marks both aspects of the question need to be dealt with in some detail with good critical awareness.

Question 5

(a) Anwar is in a lot of debt and he asks his wealthy employer, Karinna, for a loan but she refuses to help him. That night, when Karinna h…

Accepted Answer

Question Answer Marks 1(a) Explain how the Sentencing Council Guidelines will apply to Anwar. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Anwar has committed a Category 1 offence and will be sentenced accordingly. and/or • Reference to Sentencing Council Guidelines with little or no development Band 4 [6–7 marks] Some development of any of Sentencing Council Guidelines and some application. Band 5 [8–10 marks] Full development of the relevant Guidelines. Conclusion: Anwar has committed a Category 1 offence. This is because the ring is worth over £100 000. It is high culpability (A) because he stole from his employer which indicates breach of a high level of trust or responsibility. There is harm as the ring is of substantial sentimental value and there is emotional distress as it belonged to Karinna’s mother. Anwar may be higher up the sentencing range and above the starting point. An argument based on medium culpability (B) can be credited as long as it is supported by sufficient reasoning. 1(b) Explain how the Sentencing Council Guidelines will apply to Femi. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Femi has committed a Category 4 offence and will be sentenced accordingly. and/or • Reference to Sentencing Council Guidelines with little or no development. Band 4 [6–7 marks] Some development of Sentencing Council Guidelines and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Femi has committed a Category 4 offence. This is because the mobile phone is worth less than £500. It is lesser culpability (C) as he was intimidated into taking part and the theft was opportunistic. There is harm as it will cause a high level of inconvenience, there may be consequential financial harm as it impacts on Sam’s business and it makes him fearful. Femi may be lower in the sentencing range but above the starting point. 1(c) Explain how the Sentencing Council Guidelines will apply to Carly. 10 Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Carly has committed a Category 3 offence and will be sentenced accordingly. and/or • Reference to Sentencing Council Guidelines with little or no development Band 4 [6–7 marks] Some development of Sentencing Council Guidelines and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Carly has committed a Category 3 offence. This is because the dog is worth £1500. There is medium culpability (B) as Carly is part of the planning and she distracts Paul so she is integral to the theft although she does not actually steal the dog. There is substantial harm as the dog was a gift from his wife and there is emotional distress as Paul cannot go to work for a week. Carly is likely to be higher in the sentencing range and above the starting point. An argument based on high culpability (A) can be credited as long as it is supported by sufficient reasoning. 1(d) Describe the aims of sentencing used for adult offenders. Assess the 20 extent to which these aims are effective in preventing re-offending. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Describes the aims of sentencing for adult offenders and/or their effectiveness in very general terms. Band 3 [7–13 marks] Some more detailed references to the aims of sentencing for adult offenders, perhaps with a focus on the aims identified in s142 Criminal Justice Act 2003 as punishment, reduction of crime, reform and rehabilitation, public protection and reparation, but with a largely factual basis. Some general discussion of the effectiveness of these aims in preventing reoffending. Band 4–5 [14–20 marks] Very good detail on the aims of sentencing for adult offenders and good discussion of their effectiveness in preventing reoffending. To reach higher marks both aspects of the question need to be dealt with in some detail with good critical awareness.

Question 6

(a) Pablo owns a van which he must by law drive at no more than 50 miles per hour (mph). On 1 November, a police speed camera records Pablo…

Accepted Answer

Question Answer Marks 1(a) Explain how the Road Traffic Offenders Act 1988 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that the correct procedures have not been followed in relation to Pablo and/or • Reference to s1 and/or s8 and/or Schedule 1 Road Traffic Offenders Act 1988 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s8 and/or Schedule 1 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: the correct procedures have not been followed in relation to Pablo. The offence is appropriate under the Act according to s1(4) and Schedule 1(a). There is a notice of intention to prosecute, but it is not valid under s1(1)(c) as it fails to give all the details required. The notice is also invalid under (1A)(c) as it is sent by second class post. Although Pablo makes use of the s8 opportunity to plead guilty by post this is invalid as he includes his gender, but not his date of birth in the letter. 1(b) Explain how the Road Traffic Offenders Act 1988 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that all the correct procedures have been followed in relation to Jana and/or • Reference to s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: all the correct procedures have been followed in relation to Jana. Under s1(4) and Schedule 1(b) she has committed a valid offence. The notice for intended prosecution is correctly served under s1(1A)(b). The prosecution is within the time limit set down by s6(1) and her appearance in court meets s7(1)(c). 1(c) Explain how the Road Traffic Offenders Act 1988 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that all the correct procedures have not been followed in relation to Simon and/or • Reference to s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: the correct procedures have not all been followed in relation to Simon. There is a valid offence under s1(4) and Schedule 1(b). There is also a valid notice under s1(1)(c)(ii) as he is the registered keeper of the car. This is correctly served under s1(1A)(a). Despite the delay, the proceedings are valid under s6(2). Simon fails under s7(1)(a) as he does not deliver the counterpart to his licence. 1(d) Describe the role of lay magistrates in the criminal justice system. 20 Assess the advantages and disadvantages of using lay people in this role. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Describes the role of lay magistrates in the criminal justice system and/or assesses their advantages and disadvantages in very general terms. Band 3 [7–13 marks] Some more detailed references on the role of lay magistrates in the criminal justice system in both pre-trial and trial matters, such as bail and warrants, allocation of cases and trial processes as well as sentencing and appeals, but perhaps with a factual approach, and/or some assessment of their advantages and disadvantages in terms of keeping the courts running, having the expertise to deal with the cases before them, and not being case hardened as opposed to a perceived lack of legal knowledge and being more likely to convict. Band 4/5 [14–20 marks] Very good discussion of both the role of lay magistrates in the criminal justice system and good assessment of their advantages and disadvantages. To reach higher marks, candidates need to deal with both parts of the question, showing a good level of detail and good critical awareness linked to the question.

Question 7

(a) Pablo owns a van which he must by law drive at no more than 50 miles per hour (mph). On 1 November, a police speed camera records Pablo…

Accepted Answer

Question Answer Marks 1(a) Explain how the Road Traffic Offenders Act 1988 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that the correct procedures have not been followed in relation to Pablo and/or • Reference to s1 and/or s8 and/or Schedule 1 Road Traffic Offenders Act 1988 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s8 and/or Schedule 1 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: the correct procedures have not been followed in relation to Pablo. The offence is appropriate under the Act according to s1(4) and Schedule 1(a). There is a notice of intention to prosecute, but it is not valid under s1(1)(c) as it fails to give all the details required. The notice is also invalid under (1A)(c) as it is sent by second class post. Although Pablo makes use of the s8 opportunity to plead guilty by post this is invalid as he includes his gender, but not his date of birth in the letter. 1(b) Explain how the Road Traffic Offenders Act 1988 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that all the correct procedures have been followed in relation to Jana and/or • Reference to s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: all the correct procedures have been followed in relation to Jana. Under s1(4) and Schedule 1(b) she has committed a valid offence. The notice for intended prosecution is correctly served under s1(1A)(b). The prosecution is within the time limit set down by s6(1) and her appearance in court meets s7(1)(c). 1(c) Explain how the Road Traffic Offenders Act 1988 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that all the correct procedures have not been followed in relation to Simon and/or • Reference to s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s6 and/or s7 and/or Schedule 1 Road Traffic Offenders Act 1988 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: the correct procedures have not all been followed in relation to Simon. There is a valid offence under s1(4) and Schedule 1(b). There is also a valid notice under s1(1)(c)(ii) as he is the registered keeper of the car. This is correctly served under s1(1A)(a). Despite the delay, the proceedings are valid under s6(2). Simon fails under s7(1)(a) as he does not deliver the counterpart to his licence. 1(d) Describe the role of lay magistrates in the criminal justice system. 20 Assess the advantages and disadvantages of using lay people in this role. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Describes the role of lay magistrates in the criminal justice system and/or assesses their advantages and disadvantages in very general terms. Band 3 [7–13 marks] Some more detailed references on the role of lay magistrates in the criminal justice system in both pre-trial and trial matters, such as bail and warrants, allocation of cases and trial processes as well as sentencing and appeals, but perhaps with a factual approach, and/or some assessment of their advantages and disadvantages in terms of keeping the courts running, having the expertise to deal with the cases before them, and not being case hardened as opposed to a perceived lack of legal knowledge and being more likely to convict. Band 4/5 [14–20 marks] Very good discussion of both the role of lay magistrates in the criminal justice system and good assessment of their advantages and disadvantages. To reach higher marks, candidates need to deal with both parts of the question, showing a good level of detail and good critical awareness linked to the question.

Question 8

(a) Calvin and Natalie have been married for five years and he is charged with unlawful act manslaughter after her body is found buried in …

Accepted Answer

Question Answer Marks 1(a) Explain how the Sentencing Council Guidelines 2018 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – Calvin will be sentenced for a category A offence and will be high on the sentencing scale and/or • Reference to the Sentencing Council Guidelines 2018 with little or no development Band 4 [6–7 marks] Some development of the Sentencing Council Guidelines 2018 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Calvin will be sentenced for a category A offence as pushing Natalie down the stairs posed a serious risk of death or serious harm which should have been obvious to Calvin and he hid her body in the garden. There are aggravating factors as he was on bail at the time, although for a different type of offence, and he has committed lesser offences against Natalie in the last three years suggesting a history of violence against her as well as the fact that he concealed what he had done. He is likely to be high on the sentencing scale and there is nothing to suggest that his sentence should be suspended. 1(b) Explain how the Sentencing Council Guidelines 2018 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Yasmin has committed a category C offence and will be low on the sentencing scale and/or • Reference to the Sentencing Council Guidelines 2018 with little or no development. Band 4 [6–7 marks] Some development of the Sentencing Council Guidelines 2018 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Yasmin is likely to be sentenced for a category C offence as there was an intention to cause harm when she kicked Pavel hard and she was escaping from a less serious offence. However, there are strong mitigating factors as Yasmin has no previous convictions and is the sole carer for her child. She shows remorse and so there would seem to be a good chance that her sentence could be low on the sentencing scale and suspended. 1(c) Explain how the Sentencing Council Guidelines 2018 will apply in this 10 situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that David has committed a category B offence and will be high on the sentencing scale and/or • Reference to the Sentencing Council Guidelines 2018 with little or no development Band 4 [6–7 marks] Some development of the Sentencing Council Guidelines 2018 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: David is likely to be sentenced for a category B offence as he is in the course of escaping from a serious offence. There are aggravating factors as he has previous convictions for violence and possession of a weapon, PC Smith was performing a public service at the time he died, David had attacked a vulnerable man who was old, he used a weapon and he committed the offence whilst on licence. It would not be appropriate to suspend his sentence as he is a danger to the public. He is likely to be high on the sentencing scale as he has killed a police officer who was doing his duty. 1(d) Describe the aims of sentencing used for adult offenders and assess 20 the effectiveness of these aims. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Describes the aims of sentencing used for adult offender and/or assesses their effectiveness in very general terms. Band 3 [7–13 marks] Some more detailed description of some or all of the aims of sentencing used for adult offenders, perhaps with a factual approach focused on naming the aims and giving some examples of how they work by illustration using sentences and/or some assessment of their effectiveness in reducing re-offending by linking to statistics. Band 4/5 [14–20 marks] Very good discussion of all the aims of sentencing used for adult offenders with a wide range of relevant examples and good assessment as to their effectiveness, perhaps looking at wider issues such as policy and constraints on the prison system. To reach higher marks, candidates need to deal with both parts of the question, showing a good level of detail and good critical awareness linked to the question.

Question 9

(a) On 14 November 2018 Jim, a prisoner, has an argument with another prisoner. Mark, the prison officer on duty, tries to calm the situati…

Accepted Answer

Question Answer Marks 1(a) Explain how the Assaults on Emergency Workers (Offences) Act 2018 10 will apply in this situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Jim’s conviction and sentencing are lawful and/or • Reference to s1 and/or s3 and/or s4 Assaults on Emergency Workers (Offences) Act 2018 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s3 and/or s4 and some application . Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Jim’s conviction and sentencing are both lawful. Jim has committed assault under s1(1), he is found guilty under s1(2) and his sentence is valid under (a). Under s1(6) the Act has been in force for two months and one day. Jim’s offence comes under s3(1)(d) as a prison officer is classed as an emergency worker. The Act has come into effect at the time of the offence under s4(2). 1(b) Explain how the Assaults on Emergency Workers (Offences) Act 2018 10 will apply in this situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Jason has committed an offence and/or • Reference to s1 and/or s3 and/or s4 Assaults on Emergency Workers (Offences) Act 2018 with little or no development. Band 4 [6–7 marks] Some development of any of s1 and/or s3 and/or s4 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Jason has committed an offence. He has committed battery which is covered by s1(1), the sentence is appropriate under s1(2)(a) and under s1(6) this is more than two months after the Act is passed. Jason also comes within s1(3) as Diana would have acted in the same way had she been on duty. Under s3(1)(b) Diana is classed as an emergency worker and under s3(2) it does not matter that her post is unpaid. The Act has come into effect at the time of the offence under s4(2). 1(c) Explain how the Assaults on Emergency Workers (Offences) Act 2018 10 will apply in this situation. Band 1 [0 marks] Irrelevant answer. Band 2–3 [1–5 marks] A candidate needs to be selective in choosing the correct part of the source material. • Principle without section – understanding that Douglas has committed an offence but that the sentence may not be lawful and/or • Reference to s2 and/or s3 and/or s4 Assaults on Emergency Workers (Offences) Act 2018 with little or no development Band 4 [6–7 marks] Some development of any of s2 and/or s3 and/or s4 and some application. Band 5 [8–10 marks] Full development of the relevant sections. Conclusion: Douglas has committed an offence but the sentence may not be lawful. Stabbing Liam several times in the arm would come within s2(1)(a) and (b) as it is an offence of malicious wounding under s2(3)(a)(iii). Liam is also an emergency worker under s3(1)(h). However there is a problem in sentencing as the judge does not mention in open court the aggravating factor as required by s2(2)(b). The Act has come into effect at the time of the offence under s4(2). 1(d) Describe the qualifications required to be a juror. Assess the 20 disadvantages of using juries in Crown Court trials. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Describes the qualifications needed to be a juror and/or assesses their disadvantages in criminal trials in very general terms. Band 3 [7–13 marks] Some more detailed references to the qualifications needed to be a juror, perhaps with a factual approach and some reference to the Juries Act 1974, and/or some assessment of some of the disadvantages of using them in Crown Court trials. Band 4/5 [14–20 marks] Very good description of both the qualifications needed to be a juror, with a good range of examples and detail and good assessment of the disadvantages of using them in the Crown Court, which could include addressing wider issues such as bias and the influence of the media. To reach higher marks, candidates need to deal with both parts of the question, showing a good level of detail and good critical awareness linked to the question.

Question 10

(a) Describe discharges as a type of sentence for an adult offender. [5] (b) Evaluate to what extent punishment is the most effective aim w…

Accepted Answer

3(a) Describe discharges as a type of sentence for an adult offender. 5 AO1 Knowledge and understanding • There are two types of discharge – conditional or absolute. • A court can issue a conditional discharge on the condition that the offender does not commit another offence for a fixed period. • The fixed period can be for a maximum of three years. • If the offender reoffends within the time limit, they can be given another sentence instead of the conditional discharge and a sentence for the new offence. • A conditional discharge is used when the court thinks that punishment is not necessary. • A conditional discharge is often used by Magistrates’ for minor offences by first-time offenders. • An absolute discharge means no penalty is imposed. • An absolute discharge is used when the offender is technically guilty but morally blameless. Each point made is worth 1 mark up to a maximum of 5. Award up to 4 marks for one type of discharge only. 3(b) Evaluate to what extent punishment is the most effective aim when 25 sentencing adult offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding Sets out aims: • Punishment is one of the aims of sentencing for adult offenders in s142 Criminal Justice Act 2003. • It is often seen as the main aim for adult offenders. • Punishment is linked to the idea of retribution for wrongdoing. • Punishment expresses society’s disapproval but should be proportionate to the crime committed; this is done using sentencing tariffs. • Kant says that punishment is simply linked to punishing the offender for what they have done and that a punishment should fit the crime. • Punishment also used to be linked to retribution and the idea of society exacting revenge on an offender – this was part of the thinking behind the death penalty. • Punishment as an aim is now clearer using tariffs – guidelines produced by the Sentencing Council for the most common crimes. These include a starting point and a range for the sentence as well as the factors that make an offence more serious or less serious. • Any sentence has an element of punishment, but it is clearly seen as in custodial sentencing. AO2 Analysis and application Analysis: • Adult offenders are more likely to have punishment as an aim in their sentence, especially if they are a repeat offender. • Punishment should be proportionate if a sentence is to have a chance of being effective for the offender. • The use of sentencing guidelines should make sentencing fairer for the offender and in the eyes of society. • It is important for society to know that offenders are punished for crimes they have committed if the criminal justice system is to have credibility. • Sentencing Council guidelines have to strike a difficult balance as to whether this will increase the numbers being sent to prison or using the probation service as government needs to forecast the requirements of the prison and probation services. 3(b) AO3 Evaluation • Punishment is focused on paying a price for wrong behaviour and sometimes taking a dangerous person out of society – to this extent it is the most effective aim. However, it is a very expensive system and can simply build up a culture of criminality which can lead to a cycle of reoffending. • Punishment should also give the opportunity to rehabilitate offenders so that they can function without committing crime which can make it effective; there can be some success but for many offenders their issues relating to addiction, mental health and low levels of education are not resolved due to a lack of support and funding for courses especially in prison making it ineffective. • Many offenders are given shorter sentences which can be a good punishment as they are not out of society for too long, but this gives less chance to deal with issues that led them to commit the crime they are being punished for making it ineffective. • Sentencing Council guidelines do lead to greater consistency, which is good. However, it can make it hard for a court to impose a sentence which also allows for reform and they allow judges very little discretion in sentencing. • Mitigating factors often receive less attention than aggravating factor which can lead to an unjust sentence and the special needs of an offender may not be taken into account fully. • By some measures punishment is the most effective aim but this is not necessarily the case in terms of helping offenders lead better lives when, as is the case for most, they are released. Accept all valid responses. Credit can be given for analysis and evaluation of other aims of sentencing if they are used as a comparison to punishment. AO1 10 AO2 6 AO3 9

Question 11

(a) Describe the factors to be considered when sentencing a young offender. [5] (b) Evaluate to what extent deterrence is the most effectiv…

Accepted Answer

3(a) Describe the factors to be considered when sentencing a young 5 offender. AO1 Knowledge and understanding • Age and maturity. • The seriousness of the offence. • Family circumstances, including whether they are in care. • Any previous record of offending. • Any admission of guilt. • Any demonstration of remorse. • The likely effect of a sentence, including on future education and training. • Mental health issues including likeliness to self-harm. • Trauma. • Learning difficulties. • Speech and language difficulties. • Drug and alcohol issues for the offender or their family. Each point made is worth 1 mark up to a maximum of 5. 3(b) Evaluate to what extent deterrence is the most effective aim when 25 sentencing adult offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Deterrence is one of the aims of sentencing for adult offenders in s142 Criminal Justice Act 2003. • Deterrence is linked to the idea of putting off further offending. It can take different forms. • Individual deterrence aims to ensure that the offender does not reoffend through fear of future punishment – this might be through a prison sentence, a suspended sentence or a heavy fine. • General deterrence aims at preventing other potential offenders from committing crimes – this might be done by having high penalties for serious offences or use of a ‘three strikes and you’re out’ approach. • Educative deterrence aims to send a message to the people in wider society who are likely to offend by encouraging them to follow the law – this might be by having harsh sentences for offences such as using a mobile phone whilst driving and breaches of Covid-19 regulations. • Deterrence can be seen in tariffs – there are guidelines produced by the Sentencing Council for the most common crimes. Guidelines include a starting point and a range for the sentence as well as the factors that make an offence more serious or less serious. • Any sentence has an element of deterrence and it can be seen in both custodial and community sentencing. AO2 Analysis and application Analysis: • Adult offenders are more likely to have individual deterrence as an aim of their sentence, especially if they are a repeat offender, in an attempt to break a cycle of criminality and this can make it the most effective aim. 3(b) • The use of sentencing guidelines should make sentencing fairer for the offender and in the eyes of society, which can help with both individual and general deterrence. • Educative deterrence is often hard to communicate to society which can make it ineffective. • There is a link to punishment but there also needs to be rehabilitation for an individual offender if they are to be deterred from future offending. • The different ways in which deterrence is used is not always clear in a sentence which casts doubt on its effectiveness. • It can make sentencing hard in terms of fair labelling and to strike a balance with the guidelines the Sentencing Council have to work within. AO3 Evaluation Evaluation: • Individual deterrence – to be effective this relies on a difficult balance of a sentence sufficient to deter but also fair and proportionate to the offence committed. • It also relies on the offender thinking before they commit a crime in the future. Critics argue that most offenders do not stop and think what the consequences of their action might be; evidence suggests a lot of crime is committed on the spur of the moment when an offender is affected by alcohol, drugs or mental health issues that prevent them from thinking clearly. • For some offenders the greatest stability comes from the prison system, so they are unlikely to be deterred from further offending even if individual deterrence is the aim of their sentence. • General deterrence – there is little evidence a potential offender is deterred by a severe sentence passed on someone else and so it is ineffective. This may be because of factors such as substance abuse, mental health issues or poor education. Also, an offender does not set out to commit a crime thinking they will get caught. However, judges do sometimes make an example of one offender in order to warn other potential offenders of the type of punishment they face, which may have some impact. • Educative deterrence – this can help society learn new behavioural norms; however, it can take a long time to have an effect. Critics argue that those who remember how things were before the new law do not buy in and change their behaviour. • Many offenders are given short sentences which are not long enough to act as a deterrent; there is less time to teach them to think differently next time they might think of committing an offence and so this aim is ineffective. Accept all valid responses. Credit can be given for analysis and evaluation of other aims of sentencing if they are used as a comparison to deterrence. AO1 10 AO2 6 AO3 9

Question 12

(a) Describe the mitigating and aggravating factors to be considered when sentencing an adult offender. [5] (b) Evaluate to what extent pre…

Accepted Answer

3(a) Describe the mitigating and aggravating factors to be considered when 5 sentencing an adult offender. AO1 Knowledge and understanding Aggravating factors make an offence more serious: • previous convictions for similar offences or an offence relevant to the one they have just committed • being on bail when the offence was committed • racial or religious hostility in the offence • hostility to disability or sexual orientation in the offence • pleading not guilty • victim of the offence is a vulnerable person • offences relating to sexual violence Mitigating factors can help reduce a sentence: • no previous convictions • genuine remorse • having a minor part in the offence • pleading guilty • mental health or addiction issues. Each point made is worth 1 mark up to a maximum of 5. 3(b) Evaluate to what extent preventing re-offending is the most effective aim 25 when sentencing young offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • S142A Criminal Justice Act 2003 has preventing offending or reoffending as its primary aim for those under 18. • As part of this a sentence also has to take into account the welfare of the offender and the purposes of punishment, reform and rehabilitation, protection of the public and reparation. • Depending on the offence courts may use custodial or community sentences in an effort to prevent reoffending. • A young offender should only be given a custodial sentence as a last resort. • Community sentences can focus on improving education and delivering training to avoid a reliance on criminality. • Community sentences can also help with drug and alcohol issues which can lead to criminality. • Community sentences can be in conjunction with services that help with mental health issues. • Sentences can also involve parents to improve family bonds and provide resilience against criminality. AO2 Analysis and application Analysis: • Preventing offending or reoffending sits alongside rehabilitation as it helps to prevent a cycle of criminality by helping with self-worth and showing a young offender that they can be successful without crime. • It looks to the future and aims to help a young offender be valued and a valuable member of society. • A wide range of sentences for young offenders has the potential to lead to fairer and more effective sentencing. • Sentencing can be individualised to achieve greater effectiveness. • There can be a conflict as society may want more of a focus on punishment through a hard lesson to prevent reoffending. • Sometimes public protection means a young offender must be removed from society, but this should only be done for as short a time as necessary, as this can lead to criminality. • Competing aims can make sentencing hard in terms of fair labelling and in striking the correct balance. 3(b) AO3 Evaluation • Preventing offending/reoffending for a young offender relies on fair and proportionate sentencing for the offence committed but also giving hope for the future – this is a difficult balance but can make it the most effective aim. • Custodial sentences may be essential for punishment and public protection, but they offer little in the way of hope. • Those who are older will be moved to an adult prison and the chances of preventing reoffending are very much reduced once that happens. • Education and training are offered but are not always varied enough or focused on what is needed to be able to get a job on release making the aim ineffective. • Custodial sentences can also ingrain institutional behaviour at a young age which makes it hard to manage in the community after release. • Community sentences can be much more focused on the needs of the offender which should make them more effective. • To prevent reoffending a sentence should not be too long so as to avoid stigma, but it needs to be long enough to effect change – especially in relation to education and training or dealing with substance abuse and mental health issues. • Some young offenders live in a community where criminality is the norm and this can be a hard habit to break. • Society often feels that a young offender needs to be punished harshly but evidence suggest this does not necessarily prevent reoffending. • Individualised sentences can lead to inconsistency which is not easy to justify and may impact on effectiveness. • Preventing offending or reoffending also depends on a young offender’s capacity or willingness to change; this can be a barrier to effectiveness. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 13

(a) Describe the custodial sentences available for a young offender. [5] (b) Evaluate to what extent rehabilitation is the most effective a…

Accepted Answer

3(a) Describe the custodial sentences available for a young offender. 5 AO1 Knowledge and understanding • Detention at His Majesty’s pleasure - those aged 10 –17 and convicted of murder are detained for a minimum of 12 years. • Detention for serious crimes – offences where the maximum custodial sentence for an adult is 14 years and some sexual or firearms offences. • Young offender institutions – for offenders aged 15 –20 with a minimum 21 day sentence up to the maximum for the offence. • Detention and training orders – created by the Crime and Disorder Act 1998 for a specified period between 4 and 24 months with half spent in custody and the other half in the community. They apply to those aged 12 –14 who are persistent offenders and those aged 15 –17 who would get a prison sentence if they were an adult. Each point made is worth 1 mark up to a maximum of 5. 3(b) Evaluate to what extent rehabilitation is the most effective aim when 25 sentencing adult offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • S142 Criminal Justice Act 2003 sets out rehabilitation as a sentencing aim for those over 18. • It is only one of several aims and is not always the most important in relation to adult offenders. • Rehabilitation is seen as forward looking as it tries to use a penalty to change behaviour to prevent future offending. • It can also reduce crime as it provides a deterrent. • Rehabilitation is best seen in community sentences and it can be linked to those which provide education and training. • It is also linked to sentences such as drug testing and treatment orders and drug or alcohol abstention orders in order to deal with issues which lead to crimes being committed. • Rehabilitation takes considerable account of pre-sentence reports from the probation service which consider things like school reports for young offenders, job prospects or medical issues. • Credit can be given for sentences which are rehabilitative. AO2 Analysis and application Analysis: • Rehabilitation is not always the primary aim for an adult offender but it is a valuable tool in preventing or breaking a cycle of criminality. • The wide range of sentences which can rehabilitate adult offenders should make sentencing fairer as it delivers the best for the offender. • The main aim of a rehabilitative sentence is not just punitive which is something to which society should aspire. • It allows for more individualised sentences for those deemed suitable for rehabilitation which should lead to greater effectiveness. • Rehabilitation is not always seen favourably by society who may feel that such offenders are not being punished sufficiently. • There are so many competing aims in relation to adults it can make sentencing hard in terms of fair labelling and in striking the correct balance. • Rehabilitation will only work if it is a suitable sentence for the offender. 3(b) AO3 Evaluation • Rehabilitation for an adult offender relies on a sentence which will deter but is still fair and proportionate for the offence committed whilst offering a better future if it is to have a chance of being effective – this is not easy to do but can make it the most effective aim. • Many adult offenders are given community rehabilitative sentences but financial cutbacks can make the provision of services essential for success hard to find or unable to deal with the numbers needed so the aim is ineffective. • For many adult offenders substance abuse can underpin criminality and this needs long term and professional support to be successful – this is not always available or is only for short periods. • Lack of education and training may also lead to adult criminality - these issues are not fixed quickly but many sentences are so short that little can be achieved in the time available making the aim ineffective. • Adult offenders may be part of a community where criminality is the norm and this can be a hard habit to break. • Society often feels that because an adult is older they must be more mature and so need to be punished – the evidence suggests this is not always the case. • Many community sentences are seen as too easy and so do not punish or deter. • Mental health issues can also underpin a lot of adult criminality and getting support can be difficult in the community. • Individualised sentences can lead to inconsistency which is not easy to justify. • Rehabilitation also depends on a defendant’s capacity or willingness to change which can also give the impression of unfairness in sentencing. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 14

(a) Describe the community sentences available for an adult offender. [5] (b) Evaluate to what extent rehabilitation is the most effective …

Accepted Answer

3(a) Describe the community sentences available for an adult offender. 5 AO1 Knowledge and understanding • These are in s177 Criminal Justice Act 2003. There are many, including: • An unpaid work requirement. • A programme requirement. • A prohibited activity requirement. • A curfew requirement. • An exclusion requirement. • A residence requirement. • A mental-health treatment requirement. • A drug rehabilitation requirement. • An alcohol treatment requirement. • An attendance centre requirement. Each point made is worth 1 mark up to a maximum of 5. 3(b) Evaluate to what extent rehabilitation is the most effective aim when 25 sentencing young offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding sets out aims: • Rehabilitation is the main aim of sentencing for young offenders. • S142A Criminal Justice Act 2003 aims to prevent offending by those under 18 and considers the welfare of the offender. • A young offender’s name is not usually published, their case is dealt with in the Youth Court and the public not admitted to the trial in an effort to protect them. In very serious offences, or if the young offender is tried with an adult, often in the Crown Court, but they are not usually named. • Any sentence should be individualised to try and reform the young offender; a punishment should be lower than that for an adult convicted of the same offence as the young offender is seen as less mature and less able to appreciate the impact of what they have done. • It is important to avoid criminalising a young offender without good reason as the system encourages them to take responsibility for their actions and be integrated back into society. • A wide range of factors are taken into account to create a ‘best fit’ sentence for a young offender. • The usual sentence for a young offender is a youth rehabilitation order, created by the Criminal Justice and Immigration Act 2008. Used for offenders under 18 and for a maximum of three years it can mix and match requirements to suit the offender, their situation and the offence. • A custodial sentence is a last resort if the crime is so serious no other sentence is appropriate. • It may be necessary to remove a young offender from surroundings which make it more likely that they will commit a crime. • It is also important to put in place education and training so they have an alternative to criminality. AO2 Analysis and application Analysis: • Rehabilitation is the primary aim in an effort to prevent or break a cycle of criminality. • The use of sentencing guidelines and the wide range of sentences for young offenders should make sentencing fairer and more effective. • There still has to be a link to punishment so the young offender is deterred from repeating the same behaviour. 3(b) • Society needs to feel that young offenders are ‘not getting away with it’ through sentences that do not reflect what they have done. • Many competing principles that it can make sentencing hard in terms of fair labelling and in striking the correct balance. AO3 Evaluation Evaluation: • Effective rehabilitation for a young offender relies on a difficult balance of a sentence which has a deterrent effect but is also fair and proportionate to the offence committed and so it can be the most effective aim. • Most young offenders receive community sentences so effectiveness of rehabilitation depends on resources in terms of staff and facilities being available – this is not always the case due to cutbacks and making it ineffective. • A lack of education and training may lead to criminality – these issues are not fixed quickly but many sentences are short to avoid stigmatising young offenders so little is achieved in the time available. • Staying in the community can make the temptation to reoffend higher – this is especially true as young offenders may be less mature and not able to resist pressure from those around them and so the aim is ineffective. • Many young offenders do not come from a stable family background – this is a societal issue which is hard to address in the short term. • Some parents do not have the education, skills, support or a culture of work making criminality in their children more likely and the aim ineffective. • Small, and falling, numbers of young offenders receive custodial sentences but serious levels of violence in youth detention centres does not create an atmosphere of rehabilitation and may increase criminality. • Some in society argue that young offenders are not punished enough and so there is no real incentive for them not to reoffend. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 15

(a) Describe the custodial sentences available for a young offender. [5] (b) Evaluate to what extent rehabilitation is the most effective a…

Accepted Answer

3(a) Describe the custodial sentences available for a young offender. 5 AO1 Knowledge and understanding • Detention at His Majesty’s pleasure - those aged 10 –17 and convicted of murder are detained for a minimum of 12 years. • Detention for serious crimes – offences where the maximum custodial sentence for an adult is 14 years and some sexual or firearms offences. • Young offender institutions – for offenders aged 15 –20 with a minimum 21 day sentence up to the maximum for the offence. • Detention and training orders – created by the Crime and Disorder Act 1998 for a specified period between 4 and 24 months with half spent in custody and the other half in the community. They apply to those aged 12 –14 who are persistent offenders and those aged 15 –17 who would get a prison sentence if they were an adult. Each point made is worth 1 mark up to a maximum of 5. 3(b) Evaluate to what extent rehabilitation is the most effective aim when 25 sentencing adult offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • S142 Criminal Justice Act 2003 sets out rehabilitation as a sentencing aim for those over 18. • It is only one of several aims and is not always the most important in relation to adult offenders. • Rehabilitation is seen as forward looking as it tries to use a penalty to change behaviour to prevent future offending. • It can also reduce crime as it provides a deterrent. • Rehabilitation is best seen in community sentences and it can be linked to those which provide education and training. • It is also linked to sentences such as drug testing and treatment orders and drug or alcohol abstention orders in order to deal with issues which lead to crimes being committed. • Rehabilitation takes considerable account of pre-sentence reports from the probation service which consider things like school reports for young offenders, job prospects or medical issues. • Credit can be given for sentences which are rehabilitative. AO2 Analysis and application Analysis: • Rehabilitation is not always the primary aim for an adult offender but it is a valuable tool in preventing or breaking a cycle of criminality. • The wide range of sentences which can rehabilitate adult offenders should make sentencing fairer as it delivers the best for the offender. • The main aim of a rehabilitative sentence is not just punitive which is something to which society should aspire. • It allows for more individualised sentences for those deemed suitable for rehabilitation which should lead to greater effectiveness. • Rehabilitation is not always seen favourably by society who may feel that such offenders are not being punished sufficiently. • There are so many competing aims in relation to adults it can make sentencing hard in terms of fair labelling and in striking the correct balance. • Rehabilitation will only work if it is a suitable sentence for the offender. 3(b) AO3 Evaluation • Rehabilitation for an adult offender relies on a sentence which will deter but is still fair and proportionate for the offence committed whilst offering a better future if it is to have a chance of being effective – this is not easy to do but can make it the most effective aim. • Many adult offenders are given community rehabilitative sentences but financial cutbacks can make the provision of services essential for success hard to find or unable to deal with the numbers needed so the aim is ineffective. • For many adult offenders substance abuse can underpin criminality and this needs long term and professional support to be successful – this is not always available or is only for short periods. • Lack of education and training may also lead to adult criminality - these issues are not fixed quickly but many sentences are so short that little can be achieved in the time available making the aim ineffective. • Adult offenders may be part of a community where criminality is the norm and this can be a hard habit to break. • Society often feels that because an adult is older they must be more mature and so need to be punished – the evidence suggests this is not always the case. • Many community sentences are seen as too easy and so do not punish or deter. • Mental health issues can also underpin a lot of adult criminality and getting support can be difficult in the community. • Individualised sentences can lead to inconsistency which is not easy to justify. • Rehabilitation also depends on a defendant’s capacity or willingness to change which can also give the impression of unfairness in sentencing. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 16

(a) Anthony is a leading member of a gang. The gang plan to burgle Peter’s home at night because they believe he keeps a lot of money in a …

Accepted Answer

Question Answer Marks 1(a) Explain how the source material will apply to Anthony. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Anthony shows greater harm. • He also shows higher culpability. AO2 Analysis and application Analysis:  Anthony has been convicted of aggravated burglary of £50 000 and he has used a weapon to cause significant physical injury.  He has caused greater harm, and he has high culpability as well as several aggravating factors.  There are no mitigating factors and so he is likely to be high on the sentencing scale. Application:  Anthony has caused greater harm as a large sum of money has been stolen which has economic value.  Peter is at home and Anthony causes him significant physical harm with a weapon by breaking his leg with the iron bar.  Anthony is highly culpable as he is part of a gang who have planned the offence and he has gone equipped to burgle as he has an iron bar to help open the safe.  There are aggravating factors as Anthony has previous convictions, although for a lesser offence, and the offence is committed at night.  Anthony’s sentence will be in Category 1; he is likely to be above the starting point of 10 years’ custody. Accept all valid responses. AO1 2 AO2 8 1(b) Explain how the source material will apply to Soraya. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Soraya shows lesser harm. • She also shows lower culpability. AO2 Analysis and application Analysis:  Soraya has been convicted of aggravated burglary of a picture worth £10.  She does go equipped for burglary as she has a hammer, but she has lower culpability as she has been exploited by her brother, Adnan.  There are several mitigating factors and so she is likely to be low on the sentencing scale.  Application:  Soraya has taken a picture which is of very low economic value as it is only worth £10.  The victim is, unknown to Soraya, at home but she does not cause harm and does not show or use the hammer which could be a weapon.  Soraya has lower culpability as she has been exploited by her brother.  There are no aggravating factors but there are mitigating factors as the picture is of little value, Soraya has no previous convictions, and she has expressed remorse for her actions.  Soraya’s sentence will be in Category 3 and is likely to be below the starting point of 2 years’ custody.  Accept all valid responses. AO1 2 AO2 8 1(c) Explain how the source material will apply to Caleb. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Caleb shows greater harm. • He also shows lower culpability. AO2 Analysis and application Analysis:  Caleb has been convicted of aggravated burglary as he has destroyed a vase of great sentimental value and there has been vandalism of property.  Although a weapon is present on entry as he has a gun, he has lower culpability as he has a learning disability.  There are both aggravating and mitigating factors, so he is likely to be in the middle of the sentencing scale. Application:  Caleb has destroyed a vase of sentimental value to Anna.  Although Caleb intends to frighten Anna, she is out so he cannot do so.  He does go equipped for burglary but has lower culpability due to his learning disability.  There are aggravating factors as Caleb is on bail at the time of the offence and is in a position of trust with his friend but there are mitigating factors too due to his learning disability and his age.  Caleb’s sentence will be in Category 2 and is likely to be below the starting point of 6 years’ custody. Accept all valid responses. AO1 2 AO2 8 Section B Table B Use this table to give marks for each candidate response for Questions 2(b) and 3(b). Level AO1 Knowledge and AO2 Analysis and AO3 Evaluation understanding application 9 marks 10 marks 6 marks Description Description Description 4 9–10 marks  Accurate and detailed in most relevant areas.  Thorough knowledge and understanding of the most appropriate legal concepts, principles and rules, key examples, cases and/or statutory authority, and legal terminology. 3 6–8 marks 5–6 marks 7–9 marks  Mostly accurate but may  Mostly focused and  Mostly focused and not be detailed in some reasoned analysis reasoned evaluation of relevant areas. throughout. most of the relevant  Good knowledge and  The analysis is issues. understanding of supported by effective  Effectively supported appropriate legal and well-developed use by relevant material. concepts, principles and of legal concepts,  Coherent argument. rules, examples, cases principles and rules, key and/or statutory authority, examples, cases and/or and legal terminology. statutory authority. 2 3–5 marks 3–4 marks 4–6 marks  Some accuracy but lacks  Some reasoned  Some evaluation, detail in relevant areas. analysis. reasoned at times, of  Some knowledge and  The analysis is some of the relevant understanding of mostly supported by some issues. appropriate legal partially developed use  Supported by some concepts, principles and of legal concepts, relevant material. rules, examples, cases principles and rules,  Some coherent and/or statutory authority, examples, cases and/or argument. and legal terminology. statutory authority. 1 1–2 marks 1–2 marks 1–3 marks  Limited accuracy.  Limited analysis.  Limited evaluation of a  Limited knowledge and  The analysis is relevant issue. understanding of legal supported by limited use  Limited or no use of concepts, principles and or makes no use of legal relevant material. rules, examples, cases concepts, principles and  Limited or no and/or statutory authority, rules, examples, cases argument. and legal terminology. and/or statutory authority. 0 0 marks 0 marks 0 marks  No creditable content.  No creditable content.  No creditable content.

Question 17

(a) Gemma and Hannah live in houses next to each other. Hannah holds noisy parties which keep Gemma awake at night. Gemma has a mental diso…

Accepted Answer

Question Answer Marks 1(a) Explain how the source material will apply to Gemma. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Category 3 is the likely sentencing category as the damage is of low value. • The offence is likely to be of lower culpability (C) because Gemma acts on impulse. AO2 Analysis and application Analysis: • Gemma has been convicted of arson but there was no planning to her action and the level of harm is low as only a wooden building is damaged. • There are no aggravating factors but there is a mitigating factor as Gemma has shown remorse so she is likely to be low on the sentencing scale. Application: • Gemma’s offence was done without planning; she simply acted on impulse. • She was reckless as to whether some damage to property was caused by throwing a lighted match towards the wooden building. • Her responsibility is substantially reduced by her mental disorder linked to her temper and a lack of sleep due to three parties in a week. • The damage to the wooden building is of low value as it costs £100 to replace and there is no physical or psychological damage caused. • There is a mitigating factor as Gemma shows remorse at her trial. • Gemma’s sentence will be in Category 3 at Culpability C and is likely to be at the starting point of a low community order. Accept all valid responses. AO1 2 AO2 8 1(b) Explain how the source material will apply to Ranjit. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Category 1 is the likely sentencing category. • The offence is likely to be of high culpability (A) as there has been premeditation and an intention to do serious damage to property. AO2 Analysis and application Analysis: • Ranjit has been convicted of arson and there was premeditation and planning as he wanted to damage the offices of his competitor, Sasha, out of revenge. • There is an aggravating factor as Ranjit will benefit financially if Sasha goes out of business due to the fire. There is a mitigating factor as he has no previous convictions but the seriousness of the offence means he is likely to be high on the sentencing scale. Application: • Ranjit has high culpability as he plans the attack. • He uses the fuel as an accelerant to make the fire spread. • It is a revenge attack as he wants to put Sasha out of business and there is an intention to cause very severe damage to property. • Ranjit does not intend to create a high risk of serious injury to persons as he starts the fire at 07.00. • The offence is Category 1 as serious physical harm is caused to Sasha when she breaks her leg. • There is a serious consequential economic impact as Shasha’s business is closed her for several weeks. • There is high value damage of £500 000 caused to the company offices. • There is an aggravating factor as Ranjit will make a financial gain if Sasha’s business has to close. • There is a mitigating factor as Ranjit has no previous convictions. • Ranjit’s sentence will be in Category 1 and Culpability A; it is likely to be above the starting point of 4 years’ custody. Accept all valid responses. AO1 2 AO2 8 1(c) Explain how the source material will apply to Frank. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Category 2 is the likely sentencing category. • The offence is likely to be of medium culpability (B) as there has been some planning and recklessness as to whether very serious damage is caused to property or injury caused to people. AO2 Analysis and application Analysis: • Frank has been convicted of arson as he has shown some planning, there was very serious damage to the building and risk to a person as Frank did not check to see if anyone was there. • There are both aggravating and mitigating factors so he is likely to be in the middle of the sentencing scale. Application: • Frank has medium culpability as there is evidence of some planning as he waits for dark before starting the fire. • He is reckless as to very serious damage to the building, which is destroyed. • He is also reckless as to the risk of serious injury to a person; he knows Jed sometimes sleeps there but does not check before he starts the fire. • The offence will be Category 2 based on the cost of £50 000 to replace the building. • There are aggravating factors as Frank has a previous conviction for a property damage based offence, the building is in a public amenity and there is a significant impact on emergency services as three fire engines are needed to put the fire out. • There is a mitigating factor as Frank does call the emergency services after he starts the fire. • Frank’s sentence will be in Category 2 and is likely to be around the starting point of 9 months’ custody. Accept all valid responses. AO1 2 AO2 8 Section B Table B Use this table to give marks for each candidate response for Question 2(b) and 3(b) Level AO1 Knowledge and AO2 Analysis and AO3 Evaluation understanding application 9 marks 2 marks 8 marks Description Description Description 4 9–10 marks • Accurate and detailed in most relevant areas. • Thorough knowledge and understanding of the most appropriate legal concepts, principles and rules, key examples, cases and/or statutory authority, and legal terminology. 3 6–8 marks 5–6 marks 7–9 marks • Mostly accurate but • Mostly focused and • Mostly focused and may not be detailed in reasoned analysis reasoned evaluation of some relevant areas. throughout. most of the relevant • Good knowledge and • The analysis is issues. understanding of supported by effective • Effectively supported appropriate legal and well-developed by relevant material. concepts, principles use of legal concepts, • Coherent argument and rules, examples, principles and rules, cases and/or statutory key examples, cases authority, and legal and/or statutory terminology. authority. 2 3–5 marks 3–4 marks 4–6 marks • Some accuracy but • Some reasoned • Some evaluation, lacks detail in relevant analysis. reasoned at times, of areas. • The analysis is some of the relevant • Some knowledge and supported by some issues. understanding of partially developed use • Supported by some mostly appropriate of legal concepts, relevant material. legal concepts, principles and rules, • Some coherent principles and rules, examples, cases argument. examples, cases and/or statutory and/or statutory authority. authority, and legal terminology Level AO1 Knowledge and AO2 Analysis and AO3 Evaluation understanding application 9 marks 2 marks 8 marks Description Description Description 1 1–2 marks 1–2 marks 1–3 marks • Limited accuracy. • Limited analysis. • Limited evaluation of a • Limited knowledge and • The analysis is relevant issue. understanding of legal supported by limited • Limited or no use of concepts, principles use or makes no use of relevant material. and rules, examples, legal concepts, • Limited or no cases and/or statutory principles and rules, argument. authority, and legal examples, cases terminology. and/or statutory authority. 0 0 marks 0 marks 0 marks • No creditable content • No creditable content • No creditable content

Question 18

(a) Gemma and Hannah live in houses next to each other. Hannah holds noisy parties which keep Gemma awake at night. Gemma has a mental diso…

Accepted Answer

Question Answer Marks 1(a) Explain how the source material will apply to Gemma. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Category 3 is the likely sentencing category as the damage is of low value. • The offence is likely to be of lower culpability (C) because Gemma acts on impulse. AO2 Analysis and application Analysis: • Gemma has been convicted of arson but there was no planning to her action and the level of harm is low as only a wooden building is damaged. • There are no aggravating factors but there is a mitigating factor as Gemma has shown remorse so she is likely to be low on the sentencing scale. Application: • Gemma’s offence was done without planning; she simply acted on impulse. • She was reckless as to whether some damage to property was caused by throwing a lighted match towards the wooden building. • Her responsibility is substantially reduced by her mental disorder linked to her temper and a lack of sleep due to three parties in a week. • The damage to the wooden building is of low value as it costs £100 to replace and there is no physical or psychological damage caused. • There is a mitigating factor as Gemma shows remorse at her trial. • Gemma’s sentence will be in Category 3 at Culpability C and is likely to be at the starting point of a low community order. Accept all valid responses. AO1 2 AO2 8 1(b) Explain how the source material will apply to Ranjit. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Category 1 is the likely sentencing category. • The offence is likely to be of high culpability (A) as there has been premeditation and an intention to do serious damage to property. AO2 Analysis and application Analysis: • Ranjit has been convicted of arson and there was premeditation and planning as he wanted to damage the offices of his competitor, Sasha, out of revenge. • There is an aggravating factor as Ranjit will benefit financially if Sasha goes out of business due to the fire. There is a mitigating factor as he has no previous convictions but the seriousness of the offence means he is likely to be high on the sentencing scale. Application: • Ranjit has high culpability as he plans the attack. • He uses the fuel as an accelerant to make the fire spread. • It is a revenge attack as he wants to put Sasha out of business and there is an intention to cause very severe damage to property. • Ranjit does not intend to create a high risk of serious injury to persons as he starts the fire at 07.00. • The offence is Category 1 as serious physical harm is caused to Sasha when she breaks her leg. • There is a serious consequential economic impact as Shasha’s business is closed her for several weeks. • There is high value damage of £500 000 caused to the company offices. • There is an aggravating factor as Ranjit will make a financial gain if Sasha’s business has to close. • There is a mitigating factor as Ranjit has no previous convictions. • Ranjit’s sentence will be in Category 1 and Culpability A; it is likely to be above the starting point of 4 years’ custody. Accept all valid responses. AO1 2 AO2 8 1(c) Explain how the source material will apply to Frank. 10 Use Table A to mark candidate responses to this question. AO1 out of 2 marks. AO2 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Category 2 is the likely sentencing category. • The offence is likely to be of medium culpability (B) as there has been some planning and recklessness as to whether very serious damage is caused to property or injury caused to people. AO2 Analysis and application Analysis: • Frank has been convicted of arson as he has shown some planning, there was very serious damage to the building and risk to a person as Frank did not check to see if anyone was there. • There are both aggravating and mitigating factors so he is likely to be in the middle of the sentencing scale. Application: • Frank has medium culpability as there is evidence of some planning as he waits for dark before starting the fire. • He is reckless as to very serious damage to the building, which is destroyed. • He is also reckless as to the risk of serious injury to a person; he knows Jed sometimes sleeps there but does not check before he starts the fire. • The offence will be Category 2 based on the cost of £50 000 to replace the building. • There are aggravating factors as Frank has a previous conviction for a property damage based offence, the building is in a public amenity and there is a significant impact on emergency services as three fire engines are needed to put the fire out. • There is a mitigating factor as Frank does call the emergency services after he starts the fire. • Frank’s sentence will be in Category 2 and is likely to be around the starting point of 9 months’ custody. Accept all valid responses. AO1 2 AO2 8 Section B Table B Use this table to give marks for each candidate response for Question 2(b) and 3(b) Level AO1 Knowledge and AO2 Analysis and AO3 Evaluation understanding application 9 marks 2 marks 8 marks Description Description Description 4 9–10 marks • Accurate and detailed in most relevant areas. • Thorough knowledge and understanding of the most appropriate legal concepts, principles and rules, key examples, cases and/or statutory authority, and legal terminology. 3 6–8 marks 5–6 marks 7–9 marks • Mostly accurate but • Mostly focused and • Mostly focused and may not be detailed in reasoned analysis reasoned evaluation of some relevant areas. throughout. most of the relevant • Good knowledge and • The analysis is issues. understanding of supported by effective • Effectively supported appropriate legal and well-developed by relevant material. concepts, principles use of legal concepts, • Coherent argument and rules, examples, principles and rules, cases and/or statutory key examples, cases authority, and legal and/or statutory terminology. authority. 2 3–5 marks 3–4 marks 4–6 marks • Some accuracy but • Some reasoned • Some evaluation, lacks detail in relevant analysis. reasoned at times, of areas. • The analysis is some of the relevant • Some knowledge and supported by some issues. understanding of partially developed use • Supported by some mostly appropriate of legal concepts, relevant material. legal concepts, principles and rules, • Some coherent principles and rules, examples, cases argument. examples, cases and/or statutory and/or statutory authority. authority, and legal terminology Level AO1 Knowledge and AO2 Analysis and AO3 Evaluation understanding application 9 marks 2 marks 8 marks Description Description Description 1 1–2 marks 1–2 marks 1–3 marks • Limited accuracy. • Limited analysis. • Limited evaluation of a • Limited knowledge and • The analysis is relevant issue. understanding of legal supported by limited • Limited or no use of concepts, principles use or makes no use of relevant material. and rules, examples, legal concepts, • Limited or no cases and/or statutory principles and rules, argument. authority, and legal examples, cases terminology. and/or statutory authority. 0 0 marks 0 marks 0 marks • No creditable content • No creditable content • No creditable content

Question 19

(a) Describe indirect/oblique intention in mens rea. [5] (b) Evaluate the effectiveness of the factors used when sentencing offenders. [25]…

Accepted Answer

2(a) Describe indirect/oblique intention in mens rea. 5 AO1 Knowledge and understanding • Indirect/oblique intention means that D’s main aim is not the prohibited consequence but in achieving it they foresee that the consequence would be caused – foresight of consequences. • Foresight of consequences is not the same as intention but can be evidence of it. • A jury may use this evidence to find that D had intention where the harm caused as a result of their actions was a virtual certainty and D realised this. • Indirect intention is much more common than direct intention. • It can make it easier to find a person liable for a serious offence. • It is a useful indicator of blameworthiness when sentencing. Each point made is worth 1 mark up to a maximum of 5. 2(b) Evaluate the effectiveness of the factors used when sentencing 25 offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Pre-sentence reports prepared by the probation service give information about the offender’s background and suitability for a sentence. • Medical reports are used when an offender has medical or psychiatric conditions to help to set an appropriate sentence. • Reduction in sentence for a guilty plea is on a sliding scale and can be for a range of reasons such as avoiding the need for trial, shortening the time between charge and sentence, saving money, and saving victims and witnesses from the stress of a trial. • An offender’s background is key in delivering an appropriate sentence. • Sentencing Council guidelines now exist for most offences and include aggravating and mitigating factors. • The starting point is how serious the offence is of its type – s143(1) Criminal Justice Act 2003. • Aggravating factors include: previous convictions for offences of a similar nature or relevant to the present offence; being on bail when the offence was committed; racial or religious hostility in the offence; hostility to disability or sexual orientation in the offence; if the offender pleaded not guilty; in theft how much was stolen and if there had been an abuse of trust; in an assault the level of injury, if there was premeditation and if the victim was vulnerable; where several offenders are convicted of committing a crime jointly if any of them played a greater part and who was involved in planning. • Mitigating factors include: no previous convictions; showing genuine remorse; playing a minor part in the offence; pleading guilty. 2(b) AO2 Analysis and application Analysis: • The range of factors when sentencing means that it is a skilled activity and needs to be undertaken carefully and after training. • The Sentencing Council set up in 2010 develops guidelines and monitors them to give greater consistency and transparency. • It promotes public awareness by publishing information about sentencing practice in Magistrates’ and Crown Courts. • Judges and magistrates have a duty to impose a sentence within the offence range set by the Council; they can only depart when it is in the interests of justice to do so to help produce consistent sentencing. • A lot of work has been done to make sure that a wide range of offences now have clear guidelines in the form of flow charts to be followed. • The range of factors can be extended or reduced to fit society’s needs and government policy. • The general aim of sentencing is to deal with convicted offenders appropriately, as well as reduce the number of appeals and give public confidence in the criminal justice system. AO3 Evaluation • Sentencing is complex and so it can be ineffective if judges and magistrates are not well trained. • The range of factors to be considered can help with effectiveness as it delivers more personalised sentencing which has the best chance of fulfilling the particular needs of a convicted offender. • Information produced about sentencing which the public can read enhances effectiveness as they can have confidence that an offender is being given an appropriate sentence. • Sentencing is seen as more effective as it is more consistent and transparent – individual judges and Magistrates can no longer make decisions based on their own beliefs or prejudices. • The practicalities of sentencing have to sit alongside the aims to be achieved and it can be hard to balance those which can impact effectiveness. • Adult and young offenders also need to be treated differently; this adds another layer of complexity but can also improve the effectiveness of a sentence. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 20

(a) Describe the mens rea of the offence of handling stolen goods. [5] (b) Evaluate to what extent deterrence is the most effective aim whe…

Accepted Answer

2(a) Describe the mens rea of the offence of handling stolen goods. 5 AO1 Knowledge and understanding • The offence is found in s22 Theft Act 1968. • The defendant must subjectively know or believe that the goods are stolen at the time of handling them. • If the offence is receiving or arranging to receive, knowledge or belief must be present when the defendant receives the goods or makes the arrangement. • If the offence is undertaking or assisting in the prohibited acts, the defendant is liable when they learn the truth and continue undertaking or assisting. • A mere suspicion is not enough. • It is not enough to prove that any reasonable person would have realised the goods were stolen. • The defendant does not need to know the details of the actual goods stolen. • Dishonesty is as for theft – s2 Theft Act 1968 and the common law test. Each point made is worth 1 mark up to a maximum of 5. 2(b) Evaluate to what extent deterrence is the most effective aim when 25 sentencing young offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • S142A Criminal Justice Act 2003 has deterrence by preventing offending or reoffending as its primary aim for those under 18. • Deterrence can be individual (focused on the defendant), general (focused on potential offenders) or educative (aiming to educate wider society). • A sentence for a young offender also takes into account their welfare as well as the purposes of punishment, reform and rehabilitation, protection of the public and reparation. • Courts can use custodial or community sentences to deter reoffending. • Custodial sentences for young offenders should be a last resort. • Community sentences can deter by improving education and delivering training to avoid a reliance on criminality. • Community sentences can also deter by helping with drug and alcohol issues which can lead to criminality. • Community sentences can be in conjunction with services that help with mental health issues. • Sentences can also involve parents to improve family bonds and help to deter future offending. AO2 Analysis and application Analysis: • Deterrence helps to prevent a cycle of criminality by improving self-worth and showing a young offender that they can be successful without crime. • It is forward looking to help a young offender be a valuable member of society. • A wide range of sentences for young offenders means deterrence can be achieved through fairer and more effective individualised sentencing. • Conflict can arise if society wants to see deterrence through punishment to prevent reoffending. • Competing aims can make sentencing hard in terms of fair labelling and in striking the correct balance. 2(b) AO3 Evaluation 25 • Effective deterrence relies on fair and proportionate sentencing for the offence committed whilst giving hope for the future – this is a hard balance. • Custodial sentences may be essential for punishment and public protection but they offer little in the way of hope. • For young offenders moved to an adult prison the chances of deterring reoffending are very much reduced. • Effective deterrence requires alternatives through education and training are offered; this provision is not always good, making the aim ineffective. • Custodial sentences can also ingrain institutional behaviour at a young age which makes it hard to manage in the community after release. • Community sentences can be much more focused on the needs of the offender which should make them more effective as a deterrent. • To be effective a sentence should not be too long but long enough to effect change – especially in relation to education and training or dealing with substance abuse and mental health issues. • Deterrence is hard for young offenders who live in communities where criminality is the norm. • Although society may favour harsh punishment evidence does not suggest this necessarily deters effectively. • Deterrence depends on a young offender’s ability or willingness to change; this can be a barrier to effectiveness. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 21

(a) Describe indirect/oblique intention in mens rea. [5] (b) Evaluate the effectiveness of the factors used when sentencing offenders. [25]…

Accepted Answer

2(a) Describe indirect/oblique intention in mens rea. 5 AO1 Knowledge and understanding • Indirect/oblique intention means that D’s main aim is not the prohibited consequence but in achieving it they foresee that the consequence would be caused – foresight of consequences. • Foresight of consequences is not the same as intention but can be evidence of it. • A jury may use this evidence to find that D had intention where the harm caused as a result of their actions was a virtual certainty and D realised this. • Indirect intention is much more common than direct intention. • It can make it easier to find a person liable for a serious offence. • It is a useful indicator of blameworthiness when sentencing. Each point made is worth 1 mark up to a maximum of 5. 2(b) Evaluate the effectiveness of the factors used when sentencing 25 offenders. Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • Pre-sentence reports prepared by the probation service give information about the offender’s background and suitability for a sentence. • Medical reports are used when an offender has medical or psychiatric conditions to help to set an appropriate sentence. • Reduction in sentence for a guilty plea is on a sliding scale and can be for a range of reasons such as avoiding the need for trial, shortening the time between charge and sentence, saving money, and saving victims and witnesses from the stress of a trial. • An offender’s background is key in delivering an appropriate sentence. • Sentencing Council guidelines now exist for most offences and include aggravating and mitigating factors. • The starting point is how serious the offence is of its type – s143(1) Criminal Justice Act 2003. • Aggravating factors include: previous convictions for offences of a similar nature or relevant to the present offence; being on bail when the offence was committed; racial or religious hostility in the offence; hostility to disability or sexual orientation in the offence; if the offender pleaded not guilty; in theft how much was stolen and if there had been an abuse of trust; in an assault the level of injury, if there was premeditation and if the victim was vulnerable; where several offenders are convicted of committing a crime jointly if any of them played a greater part and who was involved in planning. • Mitigating factors include: no previous convictions; showing genuine remorse; playing a minor part in the offence; pleading guilty. 2(b) AO2 Analysis and application Analysis: • The range of factors when sentencing means that it is a skilled activity and needs to be undertaken carefully and after training. • The Sentencing Council set up in 2010 develops guidelines and monitors them to give greater consistency and transparency. • It promotes public awareness by publishing information about sentencing practice in Magistrates’ and Crown Courts. • Judges and magistrates have a duty to impose a sentence within the offence range set by the Council; they can only depart when it is in the interests of justice to do so to help produce consistent sentencing. • A lot of work has been done to make sure that a wide range of offences now have clear guidelines in the form of flow charts to be followed. • The range of factors can be extended or reduced to fit society’s needs and government policy. • The general aim of sentencing is to deal with convicted offenders appropriately, as well as reduce the number of appeals and give public confidence in the criminal justice system. AO3 Evaluation • Sentencing is complex and so it can be ineffective if judges and magistrates are not well trained. • The range of factors to be considered can help with effectiveness as it delivers more personalised sentencing which has the best chance of fulfilling the particular needs of a convicted offender. • Information produced about sentencing which the public can read enhances effectiveness as they can have confidence that an offender is being given an appropriate sentence. • Sentencing is seen as more effective as it is more consistent and transparent – individual judges and Magistrates can no longer make decisions based on their own beliefs or prejudices. • The practicalities of sentencing have to sit alongside the aims to be achieved and it can be hard to balance those which can impact effectiveness. • Adult and young offenders also need to be treated differently; this adds another layer of complexity but can also improve the effectiveness of a sentence. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 22

(a) Describe the two types of discharges used as sentences. [5] (b) Evaluate the effectiveness of the law in s8 Theft Act 1968. [25] Source…

Accepted Answer

3(a) Describe the two types of discharges used as sentences. 5 AO1 Knowledge and understanding • A conditional discharge is when a court discharges an offender on condition that they do not reoffend during a set period of up to three years. • A conditional discharge is used where it is thought that punishment is not necessary. • If an offender reoffends within the time limit, a sentence can be imposed in place of the conditional discharge, and a penalty for the new offence. • Conditional discharges are widely used by Magistrates’ Courts for first- time minor offenders. • An absolute discharge means there is a conviction but no penalty is imposed. • This is often when an offender is technically guilty but morally blameless. Each point made is worth 1 mark up to a maximum of 5. Both types of discharge need to be dealt with to reach maximum marks. 3(b) Evaluate the effectiveness of the law in s8 Theft Act 1968. 25 Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • S8 Theft Act 1968 is the offence of robbery. • All elements of theft must be present or there can be no conviction for robbery–R v Zerei (2012), R v Waters (2015). • At the moment the theft is complete there can be a robbery–Corcoran v Anderton (1980). • There must be a use of force or putting or seeking to put a person in fear of force–the amount of force can be small and the victim does not need to be frightened–R v Dawson and James (1976), R v Clouden (1985), P v DPP (2012), B and R v DPP (2007). • The force must be used before or at the time of stealing–this can be as part of an ongoing situation–R v Hale (1979), R v Lockley (1995). • The force must be in order to steal–if a theft is already complete and then force is applied this is not robbery. • The defendant must possess the same mens rea as for theft. • The defendant must also intend to use force or the threat of force in order to steal. • Robbery is an indictable offence with a maximum penalty of life. AO2 Analysis and application Analysis: • The use of force is an indicator of blame which helps with effective sentencing. • The intention to use force leads to a higher sentence and helps to reflect blameworthiness as well as being an effective deterrent and a way in which the public can be kept safe. • Different categories of robbery help with effectiveness by providing fair labelling and appropriate sentencing - street and less-sophisticated commercial robbery, professionally planned commercial robbery and robbery in a dwelling. • The development of the law shows complexity as the statutory definition has been extended which can impact on effectiveness. • This is a serious offence so juries need to be sure of the elements so they can perform their role effectively and convict appropriately. 3(b) AO3 Evaluation • Robbery requires a theft to be completed but this has been problematic in terms of delivering effectiveness as appropriation in theft occurs at one point in time but in robbery it can be a continuing act. • This helps with effectiveness as it allows juries to convict, particularly where there is more than one defendant and each plays a different role in the full offence; this can ensure conviction for a serious offence with a high maximum penalty and a significant stigma which helps with effective public protection. • It could be argued that there is ineffectiveness as robbery requires a completed theft but this is not necessarily consistent with the law of burglary. • The level of force required for robbery is very low and ‘force’ is said to be an ordinary word which juries can decide on but this can lead to arbitrary decisions which in turn impact on effectiveness. • Often there is no problem as the force is clearly significant; however, as the amount of force required is very low, this can lead to inconsistency between juries. • As the force must enable the theft to be committed accidentally making contact with someone from whom the defendant has just stolen property could be robbery, which might lead to harsh convictions, sentences and stigma; this can make the law ineffective. • Uncertainties may have the opposite effect and make juries unwilling to convict as they are not sure robbery is the right offence even though the evidence supports such a conviction which also makes the law ineffective. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question 23

(a) Describe the two types of discharges used as sentences. [5] (b) Evaluate the effectiveness of the law in s8 Theft Act 1968. [25] Source…

Accepted Answer

3(a) Describe the two types of discharges used as sentences. 5 AO1 Knowledge and understanding • A conditional discharge is when a court discharges an offender on condition that they do not reoffend during a set period of up to three years. • A conditional discharge is used where it is thought that punishment is not necessary. • If an offender reoffends within the time limit, a sentence can be imposed in place of the conditional discharge, and a penalty for the new offence. • Conditional discharges are widely used by Magistrates’ Courts for first- time minor offenders. • An absolute discharge means there is a conviction but no penalty is imposed. • This is often when an offender is technically guilty but morally blameless. Each point made is worth 1 mark up to a maximum of 5. Both types of discharge need to be dealt with to reach maximum marks. 3(b) Evaluate the effectiveness of the law in s8 Theft Act 1968. 25 Use Table B to mark candidate responses to this question. AO1 out of 10 marks. AO2 out of 6 marks. AO3 out of 9 marks. Indicative content Responses may include: AO1 Knowledge and understanding • S8 Theft Act 1968 is the offence of robbery. • All elements of theft must be present or there can be no conviction for robbery–R v Zerei (2012), R v Waters (2015). • At the moment the theft is complete there can be a robbery–Corcoran v Anderton (1980). • There must be a use of force or putting or seeking to put a person in fear of force–the amount of force can be small and the victim does not need to be frightened–R v Dawson and James (1976), R v Clouden (1985), P v DPP (2012), B and R v DPP (2007). • The force must be used before or at the time of stealing–this can be as part of an ongoing situation–R v Hale (1979), R v Lockley (1995). • The force must be in order to steal–if a theft is already complete and then force is applied this is not robbery. • The defendant must possess the same mens rea as for theft. • The defendant must also intend to use force or the threat of force in order to steal. • Robbery is an indictable offence with a maximum penalty of life. AO2 Analysis and application Analysis: • The use of force is an indicator of blame which helps with effective sentencing. • The intention to use force leads to a higher sentence and helps to reflect blameworthiness as well as being an effective deterrent and a way in which the public can be kept safe. • Different categories of robbery help with effectiveness by providing fair labelling and appropriate sentencing - street and less-sophisticated commercial robbery, professionally planned commercial robbery and robbery in a dwelling. • The development of the law shows complexity as the statutory definition has been extended which can impact on effectiveness. • This is a serious offence so juries need to be sure of the elements so they can perform their role effectively and convict appropriately. 3(b) AO3 Evaluation • Robbery requires a theft to be completed but this has been problematic in terms of delivering effectiveness as appropriation in theft occurs at one point in time but in robbery it can be a continuing act. • This helps with effectiveness as it allows juries to convict, particularly where there is more than one defendant and each plays a different role in the full offence; this can ensure conviction for a serious offence with a high maximum penalty and a significant stigma which helps with effective public protection. • It could be argued that there is ineffectiveness as robbery requires a completed theft but this is not necessarily consistent with the law of burglary. • The level of force required for robbery is very low and ‘force’ is said to be an ordinary word which juries can decide on but this can lead to arbitrary decisions which in turn impact on effectiveness. • Often there is no problem as the force is clearly significant; however, as the amount of force required is very low, this can lead to inconsistency between juries. • As the force must enable the theft to be committed accidentally making contact with someone from whom the defendant has just stolen property could be robbery, which might lead to harsh convictions, sentences and stigma; this can make the law ineffective. • Uncertainties may have the opposite effect and make juries unwilling to convict as they are not sure robbery is the right offence even though the evidence supports such a conviction which also makes the law ineffective. Accept all valid responses. AO1 10 AO2 6 AO3 9

Question	Answer	Marks	From
1	see sheet	50	9084/22 May/June 2017
2	see sheet	50	9084/21 Oct/Nov 2017
3	see sheet	50	9084/23 Oct/Nov 2017
4	see sheet	50	9084/23 May/June 2018
5	see sheet	50	9084/22 Oct/Nov 2019
6	see sheet	50	9084/21 Oct/Nov 2020
7	see sheet	50	9084/23 Oct/Nov 2020
8	see sheet	50	9084/23 May/June 2021
9	see sheet	50	9084/22 Oct/Nov 2021
10	see sheet	30	9084/21 May/June 2023
11	see sheet	30	9084/22 May/June 2023
12	see sheet	30	9084/23 May/June 2023
13	see sheet	30	9084/21 Oct/Nov 2023
14	see sheet	30	9084/22 Oct/Nov 2023
15	see sheet	30	9084/23 Oct/Nov 2023
16	see sheet	30	9084/22 May/June 2024
17	see sheet	30	9084/21 Oct/Nov 2024
18	see sheet	30	9084/23 Oct/Nov 2024
19	see sheet	30	9084/21 May/June 2025
20	see sheet	30	9084/22 May/June 2025
21	see sheet	30	9084/23 May/June 2025
22	see sheet	30	9084/21 Oct/Nov 2025
23	see sheet	30	9084/23 Oct/Nov 2025

Questions25 pages

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