Custodial sentences Flashcards

1
Q

name the six types of custodial sentences

A

determinate custodial sentences
suspended determinate custodial sentences
minimum sentences for certain offences
extended determinate sentences
mandatory life sentence for murder
other statutory life sentences

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2
Q

true or false:
a custodial sentence must not be passed unless the court is satisfied that the offences are so serious a fine nor community order can be justified

A

true

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3
Q

true or false:
where a custodial sentence is imposed, it must be for the shortest possible period to reflect the purpose of the sentence?

A

true

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4
Q

true or false:
the court uses sentencing guidelines to assist in determining the seriousness of an offence and the length of any sentence.

A

true

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5
Q

true or false:
Offenders aged under 21 at the date of conviction cannot be sentenced to imprisonment (SA
2020, s. 227(1). Those under 21 cannot be committed to prison for any reason, such as nonpayment of a fine, but this does not prevent the committal to prison of a person aged under 21
who is remanded in custody, committed in custody for sentence, or sent in custody for trial
under the CDA 1998, s. 51 or 51A (SA 2020, s. 227(3)).

A

true

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6
Q

true or false:
Where a person is convicted on indictment of an offence
against any enactment punishable with imprisonment, but the sentence is not limited to a
specified term or life by any enactment, the maximum prison sentence available is two years
(SA 2020, s. 223).

A

true

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7
Q

what is the maximum sentence can the magistrates court impose for a summary only offence?

A

6 months for a summary only offence

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8
Q

what is the maximum sentence a magistrates court can impose for a single either way offence if committed before 2nd May 2022?

A

six months

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