CLP 6 Custodial

Question 1

What is the threshold for a custodial sentence?

Answer 1

A custodial sentence must not be passed unless the court is satisfied that the offence or offences are so serious that neither a fine nor a Community Order can be justified.

Question 2

When will sentences run concurrently?

Answer 2

• arise out of same event = concurrent
• arise out of separate events = consecutive

Question 3

How long can magistrates make a custodial sentence?

Answer 3

• 6 months for a summary only offence; or
• 6 months for one either way offence
• 12 months for a two or more either way offence.

Question 4

What reduction is there for time served remanded in custody?

Answer 4

That period is automatically counted towards their sentence.

Question 5

What reduction is there for time served on bail and what are the conditions?

Answer 5

In addition, if a defendant has been on bail
- with a curfew condition,
- for 9 hours or more
- which was electronically monitored,
they are entitled to credit towards their sentence.
This is not automatic - each day on bail counts as half a day

Question 6

How long can the magistrates court suspend a sentence for?

Answer 6

A magistrates’ court may suspend any determinate custodial sentence of between 14 days and 6 months

Question 7

How long can the crown court suspend a sentence for?

Answer 7

The Crown Court may suspend any determinate custodial sentence of between 14 days and 2 years.

Question 8

What are the three parts of a suspended sentence?

Answer 8

• custodial term - how long would have been jailed
• operational term - how long sentence is suspended for
• supervision period - how long supervised by probation service (optional)

Question 9

What happens if a defendant breaks the terms of their suspended sentence?

Answer 9

• warned on their first breach
• if they commit another breach within 12 months of a warning, breach proceedings will then be instituted.

Question 10

What is the minimum sentence for a third Class A drug trafficking offence?

Note - must have convicted on two prior occasions (not convicted on one occasion for three different offences)

Answer 10

7 years’ imprisonment (if pleads guilt can reduce to 80%)

Question 11

What is the minimum sentence for a third domestic burglary

Note - must have convicted on two prior occasions (not convicted on one occasion for three different offences)

Answer 11

3 years (if pleads guilt can reduce to 80%)

Question 12

When can extended licence requirements apply?

Answer 12

• Violent - 5 years
• Sexual offences - 8 years
• Terrorism - 8 years
• Licence period extended by 1 year and not exceed the amount above

Question 13

What is the minimum sentence for certain firearms offences

Answer 13

5 years

Question 14

What is the minimum sentence for a second offence of possessing a weapon

Answer 14

6 months

Question 15

What is the minimum sentence for threatening with a weapon.

Answer 15

6 months

Question 16

When can the court deviate from sentencing guidelines?

Answer 16

When it is in the interests of justice to do so.

Question 17

If a sentence is suspended, what is the Operational period

Answer 17

The period in which if the offender offends the suspended sentence take effect

Question 18

How long is the Operational period

Answer 18

A minimum of six months but less than two years

Question 19

What is the maximum sentence that can be suspended?

Answer 19

2 years

Question 20

When must a prisoner on an Extended determinate sentence be able to apply for parole?

Answer 20

2/3 point of the custodial term (they must be released at the end of the custodial period).

Question 21

What’s the supervision period and operational provision

Answer 21

Supervision period - probation
Operational period - don’t be naughty