Offences & Sentences Flashcards

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1
Q

theft

A

the dishonest appropriation of property belonging to another person with intention of permanently depriving the other person of it - Theft Act 1968

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2
Q

robbery

A

theft by force or with the threat of violence - indictable only

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3
Q

burglary

A

entering a building as a trespasser with intent to steal or intent to inflict GBH or intent to do unlawful damage - can be either-way or indictable only in some cases

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4
Q

life sentence

A

25 years

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5
Q

suspended sentence

A

follows a conviction and the defendant is warned about a specific length of time they face but the punishment will not be put into effect by the court unless a further offence is committed within the period in which the first sentence is suspended

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6
Q

blackmail

A

making an unwarranted demand with menaces with a view to gain

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7
Q

conditional charge

A

follows a conviction and the defendant does not face any immediate punishment and no future punishment is specified but the defendant is warned that if they are convicted of any further offence within the period specified by the court they are liable when facing court for the subsequent offence to also face punishment for both the original and subsequent offence

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8
Q

absolute discharge

A

when the court feels that no other punishment than the fact of conviction is necessary

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9
Q

consecutive sentence

A

a jail sentence which follows another jail term imposed on the defendant and are served one after the other

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10
Q

concurrent sentence

A

where the defendant is sentenced overall only for the length of the longest jail sentence

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11
Q

taking a vehicle without authority (joy-riding)

A

where offenders abandon a car after using it (not described as theft as there is not intent to permanently deprive the owner of the car)

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12
Q

perjury

A

knowingly giving false evidence after taking an oath as a witness to tell the truth in court, or in an affidavit, or to a tribunal - indictable only

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13
Q

perverting the course of justice

A

concealing evidence or giving false information to police - indictable only

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14
Q

community punishment order

A

the court orders a defendant to obey one or more requirements at least one of which should be deemed by the court to be punitive in cases where prison would otherwise be appropriate such as unpaid community work (or a curfew using an electronic tag or a fine) under a probation officer’s direction (and one or more non-punitive elements e.g requirement to attend treatment for drug or alcohol dependency)

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15
Q

binding over

A

the court specifies an amount which the person must pay if they breach the peace e.g by violent or threatening conduct within a specified period

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16
Q

restraining order

A

bans the defendant from any contact with a specified person e.g an ex partner to protect them from harassment

17
Q

rape

A

penetration of a vagina or anus or mouth without consent by penis if the victim is under 13 any such conduct is defined as rape even if the victims says there was no compulsion - indictable only

18
Q

assault by penetration

A

of vagina or anus without consent and other than by a penis e.g finger or object - indictable only

19
Q

sexual assault

A

intentional sexual touching without consent - either-way

20
Q

sexual activity with a child

A

child=someone aged under 16

  • indictable only if the child is under 13
  • either-way if the child is 13 or over
21
Q

exposure

A

of genitals with intent to cause alarm

or distress

22
Q

voyeurism

A

observing for sexual gratification someone else or people doing something private knowing they did not consent to being observed

23
Q

murder

A

the unlawful killing of a human being with the intention of killing or causing grievous bodily harm. An adult convicted of murder must be sentenced to life imprisonment - indictable-only.

24
Q

manslaughter

A

killing by an unlawful act likely to cause bodily harm but without the intention to kill or cause grievous bodily harm - indictable-only