Non-custodial sentences Flashcards
Can an absolute discharge be combined with anything?
Yes- with disqualification/ confiscation order i.e. disqualification from driving/ disqualify a person acting as a company director
What can’t an absolute discharge be combined with?
Custodial sentence/ community order or fine except where permitted by statute
What can a conditional discharge be combined with?
Can be combined with disqualification & can make a football banning order with it
What can a conditional discharge not be combined with for a single offence?
Cannot be combined with a punitive measure for same offence except where permitted by statute (custodial sentence/ community order/ a fine)
How long can a conditional discharge be?
Cannot exceed 3 years
What happens if a conditional discharge is breached?
May re-sentence for original offence
In what cases can a conditional discharge not be used for?
Youth cautions/ Youth conditional cautions/ breach of sexual harm order/ breach of crim behaviour order/ breach of sexual harm order/ breach of sexual harm order/ breach of domestic abuse protection order
What can a fine not be combined with?
A hospital order
What can a fine not be combined with for a single offence?
Cannot combine with absolute/ conditional discharge for a single offence
How long should a fine be to pay?
12 m but 2 years can be justified
Can a fine be combined with anything for the same offence?
Yes it can be imposed instead of or in addition to dealing with offender in any other way. i.e. Fine & 3m imprisonment. But consider that incarceration may well deprive offender with means to pay the fine.
What should the court do when ordering ordering a fine?
If offender 18 or over MUST fix a term of imprisonment or detention which offender has to do undergo if fine is not paid. BUT failure to fix a term DOES NOT invalidate the fine.
What can a community order not be combined with?
Cannot combine with a hospital order OR guardianship order in respect of same offence.,
May not make a CO in respect of an offence if it makes a suspended sentence order in respect of that offence or any other offence which offender is convicted @ that time
When imposing a community order should a PSR be obtained?
Yes must normally obtain one but the court need not obtain one if it considers it unnecessary to do so.
What community order is not available to someone under 25 when convicted of the offence?
Attendance centre order
When is an electronic compliance monitoring requirement (tagging) not available?
It is not available unless the CO imposes at least one other requirement other than an alcohol abstinence & monitoring requirement or an electronic whereabouts monitoring requirement (GPS tracking)
Which CO requires consent and if consent not given the court can impose a custodial sentence?
Mental health treatment/ drug rehabilitation/ alcohol requirement
When are CO available?
If offence is punishable with imprisonment
How long should an unpaid work requirement be?
Not less than 40 hours and not more than 300
Work should normally be completed within 12 m
What must the court do when passing a rehabilitation activity requirement?
MUST say max number of days to complete AND
MUST obtain agreement of any person other than offender whose co-operation is necessary to comply with the requirement
What must the court do when ordering a programme requirement?
It MUST specify the place and number of days to complete
When can a programme requirement become unlawful?
If it does not specify that a programme needed to complied with and to specify the number of days
What must the court do when ordering a prohibited activity requirement?
MUST consult an officer of a local probation board or an officer of a provider of probation services
How long can a curfew requirement be?
NOT less than 2 hrs & not more than 16 hrs in any given day
What must the court do before imposing a curfew requirement?
It MUST obtain and consider info about place proposed to be specified in the order incl info as to the attitude of ppl likely to be affected by the presence of the offender
How long can an exclusion requirement last for?
Cannot last longer than 2 years
What 2 orders should the court normally also impose electronic monitoring (Tagging)?
Curfew and exclusion requirement
What must the court be satisfied before making a mental health treatment order?
Arrangements have been made and offender expressed willingness to comply
What do you have to do if you want to change arrangements for a mental health treatment order?
The registered medical practitioner or registered psychologist MUST notify in writing the responsible officer in advance & offender needs to consent to the change
What must the court be satisfied of when imposing a drug rehabilitation requirement?
Must be satisfied that arrangements have been made or can be made for proposed treatment
Does the drug rehabilitation requirement have to have a min period?
No
What must court be satisfied of when ordering alcohol treatment requirement?
That arrangements have been made or can be made
How many hours can a person attend a attendance centre?
Specified number of hours must not be less than 12 nor more than 36
What are the restrictions on how many times and hours someone can attend an attendance centre on a single day?
Offender must not be required to attend more than once on any single day OR for more than 3 hours on any occasion
When can a court not make an attendance centre requirement?
They need to be satisfied that there is an attendance centre available locally & attendance centre order specified is accessible to the offender
What are the restrictions of imposing an electronic monitoring requirement?
If there is someone who is required to secure monitoring that person needs to consent otherwise cannot impose the requirement.
What are the different types of amendments that can be made in relation to community orders?
Change in the offender’s residence OR
Amendments of requirements in the order OR
Change treatment requirement on report of a med practitioner OR
Amend order by substituting a later end date than originally specified which may have effect of extending the order beyond normal max of 3 years BUT not so to extend the order by more than 6 months from end date originally specified AND
Extend the period of 12 m for completion of an unpaid work requirement
