Custodial sentences Flashcards
What makes an offence associated?
Offender is either:
Convicted of it in proceedings in which offender convicted of other offence OR
Sentenced for it at the same time as being sentenced for that offence OR
In proceedings in which offender is sentenced for other offence, the offender:
Admits having committed it AND
Asks the court to take it into consideration in sentencing for that other offence
When will concurrent sentences be appropriate?
Offences arise out of the same incident or facts OR
There is a series of offences of the same or similar kind, especially when committed against the same person
When will a consecutive sentence be appropriate?
Offences arise out of unrelated facts or incidents
Offences are of the same or similar kind but the overall criminality will not sufficiently be reflected by concurrent sentences
One of more offence(s) qualifies for a statutory min sentence & concurrent sentences would improperly undermine that minimum
Can you apply the totality principle for sentences prescribed as min sentence (3rd strike Class A drugs)
No the principle should not be used to reduce it
How long can a sentence be suspended?
Custodial sentence between 14 days and 2 years may be suspended
How long can a suspended sentence be suspended in a young offender institution?
Sentences of less than 21 days cannot be suspended
Can detention and training orders be suspended?
No
What can a suspended sentence NOT BE combined with?
Not to be imposed as the same time as:
Immediate prison sentence
On offender currently serving a prison term
A community order in respect of that offence or any other offence
Cannot be combined with a discharge when sentencing for a single offence
What can a suspended sentence be combined with?
A fine BUT improper to combine them when a fine standing alone would have been the proper sentence
Ancillary provisions such as compensation orders, restitution orders, deprivation orders
Where the breach of a suspended sentence takes the form of a conviction for a further offence committed during the operational period of the suspended sentence - what factors should be considered?
Facts/nature of the new offence is the primary consideration
Strong personal mitigation
Realistic prospect of rehabilitation
Whether immediate custody will result in significant impact on others
Only new and exceptional factors/ circumstances not present at the time of the suspended sentence order was imposed should be taken into account
Can the court apply appropriate reduction to an activated suspended sentence?
Yes to reflect unpaid work or curfew requirements completed. However, this is not applicable in most serious cases
What relevant factors should be considered when there has been a failure to comply with a community requirement during the supervision period?
The same factors as previous
