Offences & Sentences Flashcards
theft
the dishonest appropriation of property belonging to another person with intention of permanently depriving the other person of it - Theft Act 1968
robbery
theft by force or with the threat of violence - indictable only
burglary
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
life sentence
25 years
suspended sentence
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
blackmail
making an unwarranted demand with menaces with a view to gain
conditional charge
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
absolute discharge
when the court feels that no other punishment than the fact of conviction is necessary
consecutive sentence
a jail sentence which follows another jail term imposed on the defendant and are served one after the other
concurrent sentence
where the defendant is sentenced overall only for the length of the longest jail sentence
taking a vehicle without authority (joy-riding)
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)
perjury
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
perverting the course of justice
concealing evidence or giving false information to police - indictable only
community punishment order
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)
binding over
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
restraining order
bans the defendant from any contact with a specified person e.g an ex partner to protect them from harassment
rape
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
assault by penetration
of vagina or anus without consent and other than by a penis e.g finger or object - indictable only
sexual assault
intentional sexual touching without consent - either-way
sexual activity with a child
child=someone aged under 16
- indictable only if the child is under 13
- either-way if the child is 13 or over
exposure
of genitals with intent to cause alarm
or distress
voyeurism
observing for sexual gratification someone else or people doing something private knowing they did not consent to being observed
murder
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.
manslaughter
killing by an unlawful act likely to cause bodily harm but without the intention to kill or cause grievous bodily harm - indictable-only
