Criminal Courts & Lay People: Types of sentencing Flashcards
What are the different types of sentences?
Custodial
Community
Fines
Discharges
What are the different types of custodial sentences?
Mandatory life sentences
Discretionary life sentences
Fixed term sentences
Suspended sentences
Home detention curfew
Extended sentences
Minimum sentences
What is a mandatory life sentence?
Automatic life sentence
Judge states minimum number of years the D must serve until released on license
Full life for murder of child, terrorism, serial killer
30 yrs for murder of police officer, use weapon, racially aggrevated
Min of 15 yrs
What are discretionary life sentences?
Life sentence available for serious offences where judge has a choice in giving life sentence but doesn’t have to give it
What are fixed term sentences?
Length of imprisonment is set for a number of years/months
Judge looks at max sentence for that crime
Sentences automatically halved after serving half
What are suspended sentences?
Imprisonment set between 14 days and 2 yrs, but suspended between 6 months and 2 yrs
If D doesn’t commit further offences during this time, prison sentence not served
If offence committed, offencer serves that sentence plus latest
What are home detention curfews?
Applies to prisoners serving sentences between 3 months and under 4 yrs.
Live outside prison providing they don’t breach rules of their curfew
AKA house arrest
What are extended sentences?
Custodial sentence plus period of license
Used in extreme cases
E.g., violent offender
What are minimum sentences?
Law sets minimum sentences for certain crimes
What types of community orders are there?
Unpaid work
Supervision Requirement
Drug/Alcohol Treatment & Testing
Curfew
Exclusion
Programme
What is unpaid work?
Between 40 and 300 hrs on project organised by probation service
Usually 8hr session for 12 month period
What is supervision requirement?
Offender places under supervision of probation officer for up to 3 yrs
Offender must attend appointments, undertake work to promote personal and behavioural change
What is drug/alcohol treatment & testing?
Agree to treatment plan between 6-36hrs long
Aim to tackle causes of crime and prevent reoffending
What is a curfew?
Offender required to be in specific place between 2-16 hrs in 24 hr period
Max of 6 months, enforced through electronic tagging
What is exclusion?
Offender directed not to enter specific area for period for up to 2yrs
May use electronic monitoring
What is a programme?
Offender must attend programme designed to address reasons for their offending behaviour for certain number of days
What is a fine?
Often combined with another sentence, like community orders
Payable to Crown not the victim
Amount is based on severity of cirme and financial status of defendant
What are discharges?
Around 8% of cases result in discharges
Mainly used for minor first time offenders over age of 10
What are the types of discharges?
Conditional discharge
Absolute discharge
What is a conditional discharge?
No action taken unless offender commits another offence during set period of up to 3yrs
If do reoffend within time limit, court can impose a different sentence and combine with penalty
What is an absolute discharge?
Where punishment is not deemed appropriate
No penalty imposed
Technically guilty but morally blameless
What are the other sentences?
Disqualification
Compensation
Forfeiture order - property taken away
