Criminal Courts - Sentencing

Question 1

types of criminal sentences

Answer 1

custodial sentences
community orders
fines
discharges

Question 2

custodial sentences

Answer 2

most serious sentence

Question 3

when can custodial sentences be imposed?

Answer 3

S152 of the CJA (Criminal Justice Act) 2003 says:
when the offence is so serious that neither a fine or community sentence is enough

Question 4

different types of custodial sentence (4)

Answer 4

mandatory life sentence
discretionary life sentence
fixed term sentence
suspended sentence

Question 5

mandatory life sentences

Answer 5

the judge must give D a life sentence
these sentences apply mainly to the offence of murder

Question 6

tariff

Answer 6

the judge has discretion over the minimum number of years D will have to stay in prison before being considered for parole

Question 7

parole

Answer 7

being released on license (breaks conditions or reoffends = back to prison for life)
decided by the parole board

Question 8

maximum tariff

Answer 8

a whole life order (never considered for release)
e.g. this can apply to:
- murder of child with sexual motive
- murder done for idealogical reasons such as terrorism or religion

Question 9

case examples of mandatory life sentence convictions

Answer 9

R v Mair - political reasons
R v Inglis - 5 years tariff

Question 10

discretionary life sentence

Answer 10

could be given life or a fixed term sentence
usually given in manslaughter, S18 crimes or child destruction cases

Question 11

case example of discretionary life sentence convictions

Answer 11

R v Wilson - “mercy killing”

Question 12

fixed term sentence

Answer 12

fixed period of years that could be served - no more than 20 years
an offender usually will serve 1/2 of this sentence (put on license for the rest of the time)
an offender would then be supervised by a probation officer
most likely applies to S20 or S47 offences

Question 13

suspended sentence

Answer 13

offender is on license and doesn’t go to prison immediately
the offender must complete requirements set by court e.g. do unpaid work/be subject to curfew/undertake treatment programme
this applies to a sentence between 14 days and 2 years
it applies to low level or first time offenders

Question 14

community orders

Answer 14

this type of order is specific to each individual defendant
The CJA 2003 (as amended by LASPO 2012) created 1 community order to which the courts can add any of 12 requirements which they think are necessary

Question 15

4 key requirements that can be added to the community order

Answer 15

unpaid work
curfew