Non-Custodial Sentences Flashcards
What does the Sentencing Council General Guideline state?
Judges should “take into account factors that make the offence more serious (aggregating) and factors which may reduce the seriousness (mitigating)
What is a Community Order?
Passed when the seriousness of the offence doesn’t warrant a custodial sentence and the sentence is suitable to be performed within society.
What does s.208 of the Sentencing Act 2020 state?
Different Community Orders offenders must comply with
What are the types of community orders.
Unpaid work requirement
Prohibited activity requirement
Curfew requirement
What are Community Orders dependant on?
They must consider the seriousness of the offence when restricting the offenders liberty.
Also what requirements are most suited to the offender
When and why are Fines issued?
Any offence excluding murder
Imposed to punish offender financially
What is the amount of Fine dependent on?
Offenders Culpability
Offenders ability to pay
Harm done to victim(s)
What is a Victim Surcharge?
10% of the fine as compensation for harm caused to victim(s)
What is Discharge?
Sentence issued when court make verdict that offender is guilty but don’t hand a criminal conviction at the time
What is Absolute Discharge?
+what act is it under?
No penalty imposed
s.79 of the Sentencing Act 2020
What is Conditional Discharge?
Offender is not punished unless they commit another offence under a set period of time
