Chapter 3: How we deal with those who commit crime - Differing forms of punishment available in the UK - Custodial sentences Flashcards
Imprisonment
Imprisonment is:
- The most severe sentence available to the courts
- Reserved for the most serious offences
Imprisonment is the most severe sentence available to the courts and is reserved for the most serious offences.
When is it imposed?
Imprisonment is imposed where it is felt that the public needs to be protected
Imprisonment is the most severe sentence available to the courts and is reserved for the most serious offences.
What does the length of the sentence depend upon?
The length of the sentence depends upon the:
- Seriousness of the crime
- Maximum penalty laid down in the legislation
Imprisonment is the most severe sentence available to the courts and is reserved for the most serious offences.
The length of the sentence depends upon the seriousness of the crime and the maximum penalty laid down in the legislation.
For some serious offences, what has Parliament done?
For some serious offences, Parliament has laid down minimum sentences:
- 7 years for some drug offences
- 3 years for a third burglary offence
- 5 years for some firearms offences
Describe the prison sentences available to a court
There are different types of prison sentences available to a court:
- Life sentences
- Extended sentences
- Determinate sentences
- Suspended sentences
Parliament has decided that judges must give a life sentence to all offenders found guilty of what?
Parliament has decided that judges must give a life sentence to all offenders found guilty of murder
Parliament has decided that judges must give a life sentence to all offenders found guilty of murder.
What will the judge set before the offender can be considered for release by the Parole Board?
The judge will set a minimum term before the offender can be considered for release by the Parole Board
The 2003 Criminal Justice Act laid out a schedule regarding what?
The 2003 Criminal Justice Act laid out a schedule regarding sentencing
The 2003 Criminal Justice Act laid out a schedule regarding sentencing.
Example
For example, for murder involving: 1. A knife Or, 2. Other weapon ,the starting point is 25 years
The 2003 Criminal Justice Act laid out a schedule regarding sentencing.
For example, for murder involving a knife or other weapon, the starting point is 25 years.
What are some people sentenced to?
Some people are sentenced to a whole life order
In 2014, how many people were serving a whole life order?
In 2014, 56 people were serving a whole life order
In 2014, 56 people were serving a whole life order.
Who do they include?
They include:
- Ian Brady
- Rosemary West
- Peter Sutcliffe
- Dennis Nilsen
Parliament has decided that judges must give a life sentence to all offenders found guilty of murder.
There are other offences where the maximum sentence is what?
There are other offences where the maximum sentence is life imprisonment
Why were extended sentences introduced?
Extended sentences were introduced to provide extra public protection
Extended sentences were introduced to provide extra public protection, where the public may need protection from the individual after their release.
The person serves what?
The person serves a prison sentence
In an extended sentence, the person serves a prison sentence and then can be on a licence for up to a further 8 years.
What can the prison sentence and the licence period not go beyond?
The:
1. Prison sentence
2. Licence period
cannot go beyond the maximum sentence for the offence
In 2014, how many offenders were given an extended sentence?
In 2014, 635 offenders were given an extended sentence
The most common type of prison sentence
The most common type of prison sentence is determinate sentences
Determinate sentences is where the court sets a what?
Determinate sentences is where the court sets a fixed length for the prison sentence
Determinate sentences is where the court sets a fixed length for the prison sentence.
In determinate sentences, prisoners do not always do what?
In determinate sentences, prisoners do not always serve their full sentence
In determinate sentences, prisoners do not always serve their full sentence, as they are allowed to serve some of their sentence in the community on licence.
What happens if they breach the licence?
If they breach the licence, they return to prison
In determinate sentences, prisoners do not always serve their full sentence, as they are allowed to serve some of their sentence in the community on licence.
What does their release depend upon?
Their release depends upon their behaviour in prison
In determinate sentences, prisoners do not always serve their full sentence, as they are allowed to serve some of their sentence in the community on licence.
If they have been sentenced to 6 months in prison, they can be what?
If they have been sentenced to 6 months in prison, they can be:
- Released after 3 months
- On licence for 9 months
In determinate sentences, prisoners do not always serve their full sentence, as they are allowed to serve some of their sentence in the community on licence.
If they have been sentenced to 18 months in prison, they can be what?
If they have been sentenced to 18 months in prison, they can be:
- Released after 9 months
- On licence for 3 months
In 2014, how many offenders were given determinate sentences?
In 2014, 90,871 offenders were given determinate sentences
If the court imposes a custodial sentence of between 14 days and 2 years, what can the judge decide to do?
If the court imposes a custodial sentence of between:
1. 14 days
2. 2 years
,the judge can decide to suspend the sentence for up to 2 years
If the court imposes a custodial sentence of between 14 days and 2 years, the judge can decide to suspend the sentence for up to 2 years.
What will the court require the offender to do?
The court will require the offender to undertake other tasks
Sentences given by criminal courts fall into 2 broad categories, custodial and non-custodial.
If the offender does not comply or commits another offence, what happens when sentencing?
If the offender: 1. Does not comply Or, 2. Commits another offence ,the earlier offence is taken into account when sentencing
In 2014, how many offenders were given a custodial sentence?
In 2014, 91,313 offenders were given a custodial sentence
In 2014, 91,313 offenders were given a custodial sentence, what percentage of all court sentences?
In 2014, 91,313 offenders were given a custodial sentence, about 8% of all court sentences
The 2003 Criminal Justice Act laid out a schedule regarding sentencing.
For example, for murder involving a knife, or other weapon, the starting point is 25 years.
Some people are sentenced to a whole life order, which means they should what?
Some people are sentenced to a whole life order, which means they should never be released from prison
Parliament has decided that judges must give a life sentence to all offenders found guilty of murder.
There are other offences where the maximum sentence is life imprisonment, such as what?
There are other offences where the maximum sentence is life imprisonment, such as:
1. Rape
Or,
2. Robbery
Parliament has decided that judges must give a life sentence to all offenders found guilty of murder.
There are other offences where the maximum sentence is life imprisonment, such as rape or robbery, but this is only applied in what?
There are other offences where the maximum sentence is life imprisonment, such as:
1. Rape
Or,
2. Robbery
,but this is only applied in the most serious cases
Extended sentences were introduced to provide extra public protection, where the public may need what?
Extended sentences were introduced to provide extra public protection, where the public may need protection from the individual after their release
Extended sentences were introduced to provide extra public protection, where the public may need protection from the individual after their release.
The person serves a prison sentence and then can be what?
The person:
- Serves a prison sentence
- Then can be on a licence for up to a further 8 years
Determinate sentences is where the court sets a fixed length for the prison sentence.
In determinate sentences, prisoners do not always serve their full sentence, as they are allowed to do what?
In determinate sentences, prisoners do not always serve their full sentence, as they are allowed to serve some of their sentence in the community on licence
If the court imposes a custodial sentence of between 14 days and 2 years, the judge can decide to suspend the sentence for up to 2 years.
The court will require the offender to undertake other tasks, such as what?
The court will require the offender to undertake other tasks, such as:
- Doing unpaid work
- Being subject to a curfew
- Undertaking treatment regarding drugs, or alcohol abuse
- Being subject to a supervision order