24: Custodial Sentences

Question 1

Custodial sentences =

Answer 1

1) a sentence of imprisonment,
2) a sentence of detention
3) a sentence of custody for life
4) a sentence of detention in a young offender institution
5) a detention and training order.

Question 2

Sentence of imprisonment does NOT include

Answer 2

include contempt of court.

Question 3

Who cannot be sentenced to imprisonment?

Answer 3

Ds under 21 years old

Question 4

When may a D be committed to prison for a period before his case is disposed of??

Answer 4

if D is under 21 and is:

1. remanded in custody
2. committed in custody for sentence; or
3. sent in custody for trial

He may be committed to prison for a period before his case is disposed of.

Question 5

Max Custodial sentence = INDICTMENT

Answer 5

2 years. (Doesn’t apply for Common law offences)

Question 6

Test for Custodial sentence:

Answer 6

“so serious that neither a fine alone nor a community sentence can be justified for the offence”

Question 7

Mags Min prison sentence =

Answer 7

5 days

Question 8

Mags Max prison sentence =

Answer 8

6months (one offence), 12 months (aggregate tr offences)

6 month time limit doesn’t apply for imprisonment for non-payment of fine. This applies for YO.

Question 9

Instead of imprisoning, Mags MAY

Answer 9

order detention within court-house/police station, until an hour, not later than 8pm when order made. It shall not operate D of reasonable opp to get home that day.

Question 10

What is the max custodial sentence in the Mags

Summary offence in Mags:

Answer 10

6 months

Question 11

What is the max custodial sentence in the Mags

Criminal damage –

Maximum aggregate –

Answer 11

3 months

Maximum aggregate – 6 months

Question 12

Mags limited to 6 months with summary offence. Judge can

Answer 12

activate suspended sentence for 6 months, so 12 months total.

Question 13

RESTRICTIONS ON CUSTODIAL SENTENCE = TEST

Answer 13

offence must be so serious that neither fine nor community sentence can justify offence.

Question 14

Court MAY pass Custodial Sentence where D:

Answer 14

fails express willingness to comply with requirement in CO, like:

• mental health treatment requirement
• drug rehabilitation requirement
• alcohol treatment requirement

Question 15

When the court passes a Custodial Sentence other fixed by law, it must be for:

Answer 15

shortest term to commensurate seriousness of offence.

Question 16

When considering the shortest term to commensurate seriousness of offence (FOR Custodial Sentences), the court should take into account:

Answer 16

1. The licence; or

Post-supervision requirements that may be imposed

Question 17

Where offence so serious only CS justified, but remainder offences no, CS can be

Answer 17

passed for lesser offences, but should run concurrently.

Question 18

A Suspended Sentended is to be treated as

Answer 18

imprisonment

Question 19

Two or more offences – when convicted 2 or more, court must consider what if they as associated?

Answer 19

seriousness of the sum,

Question 20

Two or more offences – when convicted 2 or more, when will the court consider seriousness of the sum,?

Answer 20

provided they are “associated”.

Question 21

An offence is “associated” with another if:

Answer 21

1. D is convicted in same proceedings + sentenced at same time
2. D admits commission in proceedings + requests court take into consideration

Question 22

Totality principle =

Answer 22

where consecutive sentences imposed, MUST ensure total time served is commensurate with seriousness of overall offending.

Question 23

Calculating time served = Account MUST be taken of

Answer 23

time spent prior conviction/ sentence.

Question 24

When calculating time served, the court MUST take into account time spent prior conviction/sentence, this applies to:

BUT NOT:

Answer 24

This applies to: imprisonment, young offender institutions, custodial sentences.

But NOT detention and training orders!.

Question 25

When imposing DTO, MUST take into account

Answer 25

period spent in custody on remand.

Question 26

Where D is remanded on bail and subject to conditions: 1. Qualifying curfew condition; and 2. Electronic monitoring condition The court MUST

Answer 26

norm direct “credit period” = count as time served. Court makes this direction, contra adjustment time spent on remand in custody where direction not required.

Question 27

What is a credit period?

Answer 27

half no. days spent subject to those conditions count as time served by D as part of sentence.

Question 28

A SS counts as sentence of imprisonment. Where D convicted more one court, court should impose

Answer 28

separate sentences, if fails to, presumed sentences are _concurrent_.

Question 29

Consecutive sentences norm be used where:

Answer 29

1. Offences arise out of unrelated facts/incidents 2. Offences are same/similar kind but overall criminality not sufficiently reflected by concurrent sentence 3. One offence qualifies _statutory min sentence_ and concurrent would undermine this.

Question 30

Concurrent sentences will norm be used where:

Answer 30

1. Offences arise out of same incident or facts; or 2. Serious of offences of same or similar kind.

Question 31

What should normally be left out when imposing sentence:

Answer 31

Matters of: 1. Early release 2. Licence; and 3. Home detention curfew

Question 32

**_MANDATORY LIFE SENTECE:_** D over 21 + convicted murder =

Answer 32

MUST sentenced life imprisonment

Question 33

**_MANDATORY LIFE SENTECE:_** D under 21 on date of conviction =

Answer 33

MUST custody for life

Question 34

**_MANDATORY LIFE SENTECE:_** D under 18 + convicted murder =

Answer 34

MUST detention at Her Majesty’s pleasure

Question 35

**_MANDATORY LIFE SENTECE:_** Court MUST norm order early release provisions to apply when Considering what factors?:

Answer 35

1. Seriousness of offence; and 2. Effect of direction

Question 36

**_MANDATORY LIFE SENTECE:_** If D aged 21 or over when offence committed, Court MAY order

Answer 36

early release provisions don’t apply.

Question 37

Judge fixing min term to be served for mandatory life sentence for murder looks at X NOT Y

Answer 37

Judge fixing min term to be served for mandatory life sentence for murder -) seriousness of offence, not dangerousness of offender. In considering seriousness, court looks at: the general principles + guidelines.

Question 38

**_MINIMUM Custodial Sentence for CLASS A DRUGs_** 1. Conviction of Class A drug trafficking offences 2. Aged 18 or over at time offence + 2 relevant drug convictions; and 3. One offence committed after he had been convicted of the other The CC MUST impose CS for at least

Answer 38

7 years, unless unjust.

Question 39

**_MINIMUM CS for CLASS A DRUGs_** **_is 7 years for what conditions have to be met?_**

Answer 39

1. Conviction of Class A drug trafficking offences 2. Aged 18 or over at time offence + 2 relevant drug convictions; and 3. One offence committed after he had been convicted of the other

Question 40

**_MINIMUM CS for CLASS A DRUGs_** Where D pleads guilty – MUST take into account

Answer 40

stage he pleads + circumstances.

Question 41

**_MINIMUM CS for CLASS A DRUGs_** Where class A drug conviction – MUST NOT impose sentence less than:

Answer 41

80% min. sentence 80% 7 years = 5 years 8 months. If sentence taken higher starting point than min, sentence reduction of 1/3 may be fine, but cannot be less than 80% min sentence.

Question 42

**_MINIMUM CS for DOMESTIC BURGLARY_** 1. Convicted domestic burglary 2. Aged 18 or over at time offence + 2 relevant domestic burglary conviction; and 3. One offence committed after he was convicted of the other, and both committed after 1999 The CC MUST impose CS for at least

Answer 42

3 years, unless unjust.

Question 43

**_MINIMUM CS for DOMESTIC BURGLARY is 3 years, but what conditions must be met?_**

Answer 43

1. Convicted domestic burglary 2. Aged 18 or over at time offence + 2 relevant domestic burglary conviction; and 3. One offence committed after he was convicted of the other, and both committed after 1999

Question 44

**_MINIMUM CS for DOMESTIC BURGLARY_** Where D pleads guilty – MUST take into account:

Answer 44

stage he pleads + circumstances.

Question 45

**_MINIMUM CS for DOMESTIC BURGLARY_** Where class A drug conviction – MUST NOT impose sentence less than:

Answer 45

80% min. sentence 80% 3 years = 2 years, 5 months. If sentence taken higher starting point than min, sentence reduction of 1/3 may be fine, but cannot be less than 80% min sentence.

Question 46

**_SUSPENDED SENTENCE (SS)_** SS = judge delaying D’s serving of sentence after conviction. Applies to:

Answer 46

1. Sentences of imprisonment; and 2. Detention in Young Offender Institution

Question 47

**_SUSPENDED SENTENCE (SS)_** **_When is it available?_**

Answer 47

Available where: court imposes determinate custodial sentence of not more than 2 years. Sentences less than 14 days cannot be suspender.

Question 48

can a DTO be suspended?

Answer 48

no

Question 49

A CS that is suspended should be for what term?

Answer 49

same term as would have applied if served immediately.

Question 50

Consecutive terms = Where 2 or more sentences imposed served consecutively, power to suspend sentence NOT exercisable unless

Answer 50

aggregate of term does not exceed 2 years.

Question 51

An immediate prison sentence and SS should not be:

Answer 51

impose on same occasion nor, SS be imposed on D currently imprisoned. Court CANNOT on same time impose SS and CS.

Question 52

Court may impose a SS with a

Answer 52

community requirement. Electronic monitoring is a free standing requirement.

Question 53

Where court passes SS containing 2 or more different requirements, it MUST consider X They should avoid interfering with:

Answer 53

if it is compatible. 1. D’s religious beliefs 2. Requirements of other orders he is subject to 3. Avoid interference with times, e.g. works/school. Court MUST be satisfied local facilities exist, and arrangements in place. SS MUST specify the local justice area.

Question 54

Breach of a Suspended sentence: Responsible officer thinks D failed without reasonable excuse, officer MUST give warning:

Answer 54

1. Describing circumstances of failure 2. Stating failure = unacceptable 3. Informing officer than if fail again within 12 months, he will be brought back to court.

Question 55

Breach of a Suspended sentence: Responsible officer need not give warning if

Answer 55

previous warning given within 12 months. If breached warning = he will be brough to enforcement officer. The EO must consider the matter + in appropriate cause info to be laid before appropriate court.

Question 56

suspended sentence: owers available: If D over 18, court MUST: consider case and deal with him::

Answer 56

1. Order SS take effect with full term (activate full sentence) 2. Order SS take effect in part 3. Order D pay fine not exceeding £2,500 4. May amend community requirement by: 1. Imposing more onerous community requirement 2. Extending supervision period 3. Extending operational period 5. Where no community requirement, court may extent operational period Court MUST make order under (1) or (2) unless unjust, factors to consider: 1. D’s extent he complied with community requirement; and 2. Facts of subsequent offence

Question 57

Where a Suspended Sentence is breached, what must the court NOT do?

Answer 57

NOT permissible for court to revoke order. MUST active SS in whole or part unless unjust. If SS is activated, it MAY be ordered to run consecutively or concurrently to CS imposed for offence which triggered breach.

Question 58

Where breach in form of further offence, the facts/nature of new offence is primary consideration. Relevant factors:

Answer 58

1. Strong personal mitigation; 2. Realistic prospect rehabilitation; or 3. If immediate custody will significantly impact others If failure to comply with a community requirement, court MUST take into account the extent to which D complied.