Custodial sentences Flashcards
Can someone under 21 be sentenced to imprisonment?
No - must be detained in a young offenders institution
What is the maximum term of imprisonment if the statute does not define one?
2 years
NOTE: does not apply to common law offences
What is the max term imprisonable in the mags for summary only?
6 months
What is the max term imprisonable in the mags for each way?
12 months
When should a custodial sentence be passed?
When a fine or community order are not serious enough
What are associated offences for the purpose of sentencing?
Those convicted of at the same time, those sentenced at the same time or those the offender asks to be taken into account for sentencing
How long should a custodial sentence be?
The shortest possible to be commensurate with the aims of the sentence, having regard to the totality principle
What credit can be received toward a sentence?
Time spent on remand (automatically done)
Time spent on curfew of more than 9 hours a day while on bail (court makes the direction)
How is curfew credited?
Add up days conditions were complied with
divide by 2
round to nearest whole day
If more than one sentence is given, and the court does not state if they are consecutive or concurrent, what is the assumption?
Concurrent
When will sentences ordinarily be concurrent?
When they arise out of the same incident or facts
series of offences of the same or similar kind
When will consecutive sentences be passed?
Offences arise from unrelated incidents or facts
Offences in the same incident are distinct (especially if there is an aggravating element that needs recognition)
Overall criminality will not be sufficiently reflected by concurrent sentences
One or more sentences has a statutory minimum term that would be undermined by concurrent sentences
What is the general duty of early release?
SoS has general duty to release on license anyone who has completed one half of their sentence
When are mandatory life sentences given?
Murder
(if under 21 = custody for life
If under 16 = detention at his majesty’s pleasure)
What will the court do when it issues a life sentence
Set a minimum term after which early release provisions apply
When can a whole life tariff be applied?
When the offender was over 18 at the time of the offence.
Higher threshold if between 18 and 21
What is the proper consideration for the setting of a minimum term?
Seriousness of the offence, not the dangerousness of the offender
(public protection is for the parole board one the minimum term is reached)
What is the minimum sentence for a third drug trafficking offence?
7 years
Unless exceptional circumstances justify not giving this
What is the minimum sentence for third domestic buglary?
3 years
Unless exceptional circumstances justify not giving this
When can a suspended sentence be given?
When the sentence is not more than 2 years but is more than 14 days
(or 21 days if YOI)
Can a suspended sentence be given with a fine?
Yes
Does a suspended sentence have to come with conditions?
No
But the offender will have to keep in touch with the responsible officer and to obtain permission before moving
What is the result of breaching the requirements of a suspended sentence?
1st time in 12 months, responsible officer gives a warning
Further breach is referred to enforcement
It must then be laid before the court
2nd breach found by the court can result in an order that:
The suspended sentence take effect in full
The suspended sentence take effect with a lesser term
Pay £2500
Impose more onerous community requirements
Extend supervising period of requirements
Extend operational period of suspended sentence
What is the test for the court’s actions when there has been a second breach of a suspended sentence?
The court must activate the sentence unless it appears to the court to be unjust to do so
NOTE: court cannot revoke a suspended sentence and resentence as with comm orders
