Non-custodial sentences Flashcards
What is an absolute discharge?
Where an offender is found guilty or pleads guilty and the court considers it inexpedient to inflict punishment
What can an absolute discharge be given alongside?
Disqualification
Compensation order
Restitution order
unlawful profit order
costs orders
What is a conditional discharge?
Is a discharge order subject to the requirement not to commit an offence during the period specified
What is the max period for a conditional discharge?
3 years
What is the effect of breaching a conditional discharge?
Court dealing with the breach can sentence as they would have done had they just be found guilty
If crown court is dealing with a conditional discharge given by mags, they are limited to mags powers
Before giving a fine, what must the court do ?
Enquire as to the offenders’ financial circumstances by making a financial circumstances order
What happens if a financial circumstances order is not complied with?
summary conviction and fine no higher than level 3.
If you lie on it, fine of level 4
What is the maximum length of time over which a fine should be payable?
12 months
What are the crown court’s powers with regard to fines?
Unlimited fines if over 18
Can be imposed instead of or alongside another way of dealing with an offender (apart from hospital orders or discharge orders)
Crown court will fix a term in default, if the fine is not paid
What are the mag’s fining powers?
Can impose a fine for an offence which provides for one
Mags can impose a fine instead of imprisonment
If summary fine cannot exceed level 3
If either way cannot exceed prescribed sum
When is a community order given?
When the court is of the opinion that the offence(s) are serious enough to justify making one
For what types of offences are community orders available?
Offences which are punishable with imprisonment
What are the minimum and maximum unpaid work amounts that can be ordered?
between 40 and 300 hours over 12 months (this can be extended to allow the hours to be completed)
What are the min and max curfew requirements?
Not less than 2 hours, no more than 20 hours a day
(max of 112 hours in a seven hour period)
How long can curfew requirements be imposed?
Max of two years from the date of conviction. Normally imposed for 12 months of the 2 years
Should electronic monitoring be imposed with a curfew?
yes, unless considered unnecessary to do so
What is the effect of failing (without reasonable excuse) to comply with a community order?
A warning is issued first
second time responsible officer refers to an enforcement officer who can lay information
How does the court deal with a breach of community order
Must be proven
Normally dealt with by crown court
Sentenced as if the age of the original offence
Power to:
order a fine of up to £2500
Amend the terms of the community order
Commit to prison for 28 days
Resentence the offender
Can extend order by up to 6 months
Can the court ignore a breach and take no action?
No
Can the court revoke a community order?
Yes - on the application of the offender or the probation service
Must be in the interests of justice to do so
Can the mags revoke a crown court community order?
No - must commit to the Crown court
