Custodial Sentences and Ancillary Orders Flashcards
what is the threshold for custodial sentence?
must not unless community or fine not appropriate for offence/combo of offences
exception - mandatory sentences - D fails to express willingness to comply with reqt. e,g drug/alcohol/mental health treatment
how long should a sentence be
as short as possible to achieve goals of sentencing - taking into account all associated offences
what is the effect of days spent remanded in custody on custodial sentence
automatically deducted from sentence
what are the periods of curfew which qualify for discount on sentence
court must direct credit of 1/2 a day for every day subject to curfew of more than 9 hours.
what is the presumption where 2 sentences are given
that they will run concurrently
when will sentences generally be set concurrently
where offences arise out of same facts or pattern of bahaviour
where will sentences run consecutively
factually distinct
one of them is aggravated offence
longer required to reflect offending
would otherwise undermine statutory minimum
when does automatic release arise?
1/2 way through sentence - released on licence - if any reoffending back in to serve remainder
what is mandatory sentence for murder (3 age groups)
21+ - imprisonment for life
18-21 - custody for life
under 18 - detention at HMs pleasure
what is minimum term for 3rd class A drug trafficking conviction
7 years - unless unjust in all circumstances (pre 28 June 22) / excpetional circs (post 28 June 22)
what is max reduction that can be made for GP in mandatory sentence issues
must not be less than 80% of mandatory period
what is minimum term for 3rd domestic burglary conviction
3 years (subject to unjust / excpetional watershed at 28 June 22
what sentences cannot be suspended
adults - less than 14 days
youths - less than 21 days
detention and training orders
what factors support suspended sentenc
realistic prosepct of rehabilitations
strong personal mitigation
immediate custody will result in significant harmful impact on others
what are max limts for suspended sentences
sentence of not more than 2 years for an operational period of not more than 2 years (CC)
what can a suspended sentence not be combined with?
immediate sentence, community order, discharge where sole count (but can have another discharged) , fine usually improper where fine would have been appropriate alone
is it lawful to impose a suspended sentence without any community requirement?
yes but usually some element given for a supervisory period - same as general community reqts.
what steps will be taken following 2nd breach of community reqt of suspended sentence?
one warning already given - MUST come back before the court by laying an informaiton, must be laid before expiry of operational period but need not be heard before then
what MUST the court do if suspended sentence breached by further conviction?
activate sentence for same/lesser term
more onerous community reqt.
extension of supervision/operational period
must DO something
what facts will a court consider when breach by reconviction has occured
same as for suspended sentence - rehab, impact on others, personal mitigation (where NEW and exceptional)
what factor will court consider when breach of community reqt has occured
extent to which it has been complied with already
What is a prosecution costs order
order that D pays just and reasonable amount of P costs - imprisonment in default and sum due
what is a compensation order?
order that D pay person financial compensation - MUST do so where allowed unless unjustat - takes precedent over fine
can be imposed with any sentence Inc discharge
what is a forfeiture/deprivation order?
order that allows forfeiture of property linked to an offence eg drugs/cash found at scene
subject to app by purported owner for its return (e.g car offence, owned by dad who had no idea)
what is a confiscation order
CC ONLY (mags must commit for consideration)
order requiring offender to pay a sum of money representing benefit from criminal conduct (POCA) - must be dealt with within 2 years of conviction - imprisonment and sum still due
what are Dove guidelines for imposition of costs orders
never exceed what D is able to pay
should not exceed reasonable/actual costs
to compensate P and not punish D
balance with other payments
D to disclose honestly means
allow D to make submissions
what is surcharge?
normally required when sentencing at mags or CC - not where absolute discharge or mental health order made
what are the 3 measaures for potential ‘dangerous’ offenders and test
required life sentence
extended sentence
serious terrorism sentence
(prove significant risk to public)
what are the 3 related categories o of sentences where dangerousness not required
second listed offence
manslaughter of emergency workers
required sentence for offender of concern
what satisfies dangerousness test (s306(2) sentencing act)
significant risk = considerable amount/importance
pre-sentence report, psych maybe
previous convictions - esp where escalating
less inclined for youths
personal mitigation
serious harm = death or serious PI (phys/mental)
rare to find appeal
can offences which do not reach the custodial threshold be given concurrent custodial sentences if alongside cusotdial eg. 3xs18 wounding and 1x common assault
yes
