Non-Custodial Sentences

Question 1

A custodial sentence may be imposed for breach of a fine only if…

Answer 1

(a) The offence is punishable by imprisonment and D has the means to pay immediately, or
(b) enforcement by other means is likely to be impossible because D is transient.

Question 2

A community sentence may only be passed if…

Answer 2

1. The community threshold is passed

2. The offence is punishable by imprisonment (unless D has been fined 3 times).

Question 3

Breach of a community sentence must be proved…

Answer 3

Beyond reasonable doubt

Question 4

D can be imprisoned for up to 6 months for breach of a community sentence only where:

Answer 4

1. O18
2. Initial offence punishable with imprisonment
3. D has “wilfully and persistently failed to comply”.

Question 5

The principles for imposing a fine

Answer 5

1. Appropriate fine.
2. Reduce for mitigation + time spent in custody
3. Adjust for financial circumstances (payable in 1 year)

Question 6

In the Youth Court the max fines are

Answer 6

15-17 - £1,000

10-14 - £250

Question 7

Enforcement options for fines

Answer 7

1. Deduction from benefits
2. Attachment of earnings
3. Distress warrant (goods)
4. Attendance centre
5. Unpaid work/curfew
6. Increased fine.

Question 8

Examples of community sentence

Answer 8

1. Unpaid work
2. Prohibited activity
3. Curfew
4. Exclusion
5. Residence
6. Treatment

Question 9

What happens when D breaches his community order without reasonable excuse

Answer 9

1st time warning
2nd time (within 12 months - court

Question 10

Court’s powers for breach of a community order

Answer 10

1. Amend
2. Revoke
3. Revoke and re-sentence.
4. Imprison