Non-custodial sentences

Question 1

When is an absolute discharge appropriate?

Answer 1

When the court takes the view that no penalty should be imposed.

Question 2

How long can a conditional discharge be for?

Answer 2

3y

Question 3

How is a conditional discharge breached?

Answer 3

By offending during the period for which it runs.

Question 4

What happens when a conditional discharge is breached?

Answer 4

The offender can be re-sentenced for the original offence as well as the ‘new’ offence.

Question 5

What should the court consider when fixing the amount of a fine?

Answer 5

Seriousness of the offence; personal mitigation; offender’s means.

Question 6

What must be set when a fine is fixed?

Answer 6

Term of imprisonment in default (when fine fixed in CC).

Question 7

CC’s fining powers - Limits?

Answer 7

Unlimited.

Question 8

Mags fining powers

Answer 8

No statutory maximum on fine for either-way offence. For summary offences, the maximum fine is based on levels. There is no maximum aggregate when the court is sentencing for more than one offence.

Question 9

Community orders maximum duration

Answer 9

3y

Question 10

Considerations when imposing a community order

Answer 10

Should consider whether the offence is serious enough to warrant such a sentence. Restrictions on liberty must be commensurate with the seriousness of the offences, and the requirements must be those that are most suitable for the particular offender. Components of the order must be compatible with each other, and the court may have regard to any period of remand in custody in relation to the offence.

Question 11

Community order must include

Answer 11

One requirement for the purpose of punishment, or the court must also impose a fine, unless there are exceptional circumstances relating to the offence that would make it unjust to do so. It is a matter for the sentencing court to decide which matters amount to punishment in each case.

Question 12

Possible components of community order

Answer 12

“Pick and mix” approach, including [these are the ones from the list with things to remember]:

• Unpaid work (40-300 hours)
• Curfew of 2-16 hours a day, for a maximum period of 12 months.
• When an offender is under 25, an attendance centre requirement can be imposed.
• Electronic monitoring (mandatory when curfew or exclusion requirement is imposed).

Question 13

What happens when a community order is breached?

Answer 13

First stage is a warning from probation service. Any further breach will result in a summons to attend court (no discretion to issue a second warning). If case goes to court, breach, if not admitted, has to be proved to the usual criminal standard (sure).

If failure to comply without reasonable excuse is proved or admitted, the court must do one of the following: amend the order to impose more onerous requirements, or revoke the order and re-sentence.

If offender has wilfully and consistently failed to comply, a custodial sentence may be imposed even if original offence did not cross the custody threshold, or impose a fine of up to £2500.

Question 14

Commission of further offences whilst subject to community order

Answer 14

Commission of further offences whilst subject to a community order does not amount to a breach of the community order, but might indicate that the order is not effective.

If the order was made by Mags, Mags dealing with later offence can revoke community order or revoke order and re-sentence for original offence.

If order was made by CC, Mags can commit the offender to the CC (on bail or in custody) and CC may then revoke the order or revoke and re-sentence for the original offence.