Powers of the Courts- ADULT CUSTODIAL SENTENCES

Question 1

What 3 imprisonments do custodial sentences include?

Answer 1

• mandatory and discretionary life sentences
• fixed term sentences
• suspended sentences

Question 2

What section and power says that the court must not use a custodial sentence unless it is “so serious that neither a fine nor a community sentence can be justified”

Answer 2

s.152 Criminal Justice Act 2003

Question 3

what does s.152 of the Criminal Justice Act 2003 state the court mustn’t pass a custodial sentences unless of ?

Answer 3

unless the offence

“was so serious that neither a fine alone nor a community sentences can be justified”

Question 4

What is the likelihood of a young offender receiving a custodial sentence?

Answer 4

• Last resort

- if they are they are always in separate units from adults

Question 5

All courts must give their reason for a custodial sentences. What must the magistrates do?

Answer 5

The magistrates courts reason must be written down on the warrant of commitment and entered in the court register

Question 6

For a murder, the only sentence a judge can impose is life, but what are they allowed to state?

Answer 6

The judge can state the minimum number of years imprisonment that the offender must serve before being eligible for release on licence

Question 7

What power governs the minimum term of a mandatory life sentence?

Answer 7

Criminal Justice Act 2003

Question 8

What are the circumstances in which a whole life term should be set?
(4)

Answer 8

• Murder of 2 or more persons, involving a substantial degree of premeditation, planning, abduction, sexual or sadistic conduct
• the murder of a child if involving the abduction of the child or sexual or sadistic motivation
• a murder done for the purpose of advancing political, religious or ideological cause
• murder from an offender who has previously been convicted of murder

Question 9

What are the circumstances in which cases have a starting point of 30 years?

Answer 9

• The murder is of a police or prison officer in the course of his duty
• the murder was committed using a firearm or explosive
• the murder was the sexual or sadistic murder of an adult
• a murder was racially or religiously aggravated

Question 10

What is the starting point of murder when there is not a specifically given starting point of a whole life term or 30 years term?

Answer 10

15 years

-12 years for those under 18

Question 11

examples of aggravating factors when deciding on mandatory life sentences for murder?
(2)

Answer 11

• If victim was particularly vulnerable because of age or disability
• if victim suffered mental or physical suffering inflicted before death

Question 12

examples of mitigating factors when deciding on mandatory life sentences for murder?
(3)

Answer 12

• Offender intended grevious bodily harm not with the intent to kill
• lack of premeditation
• if offender acted to an extent in self defence (but not sufficient enough to give him a defence)

Question 13

What can be used which can lower the maximum sentence of life imprisonment for the serious offences of
-robbery
-manslaughter
-rape
?

Answer 13

the judge can impose’Discretionary life sentences’

such as a community order, fine or discharge

Question 14

What is a fixed-term sentence?

Answer 14

Imprisonment for a set number of months or years

Question 15

After how long are prisoners released from prison?

Answer 15

Anyone set to prison are automatically released after they have served half of their sentence

Question 16

How old do you have to be to have a sentence of imprisonment?

Answer 16

21 and over

Question 17

What power allows early release from prison?

Answer 17

The Crime and Disorder Act 1998

Question 18

What is the condition of early release from prison under the Crime and Disorder Act 1998?

Answer 18

a curfew which is enforced by an electronic tag

Question 19

Is there a right to be released under the condition of curfew?

Answer 19

There is no automatic right to be released on curfew; each prisoner is assessed to see if he/she is suitable

Question 20

What is the purpose of a Home Detention Curfew?

Answer 20

To encourage recently released prisoners to structure their lives more effectively as well as prevent re offending
-Prison population is reduced

Question 21

What happens if a Home Detention Curfew order is not made?

Answer 21

The prisoner must serve half their sentence before release on licence

Question 22

What does s.85 of the Powers of Criminal Courts (Sentencing) Act 2000 do?

Answer 22

This gives the sentencing court the power to pass an extended sentence for a sexual or violent offence

Question 23

Where does the offender spend ‘Extended sentences’

Answer 23

the offender serves the extended sentence at liberty on licence

Question 24

What is the maximum time of an extension period?

• sexual
• violent

Answer 24

An extension period can not exceed 10 years for a sexual offence and 5 years for a violent offence

Question 25

What is the purpose of an extension period?

Answer 25

In order to have greater control over sexual offenders when they leave prison

Question 26

What is a condition of sexual offenders once they leave prison?

Answer 26

They are required to register with the police so that it is known where they are living

Question 27

What is the minimum sentence for an offender who has committed on 3 separate occasions the dealing of class A drugs for those aged 18 and over?

Answer 27

7 years

(judge

Question 28

What is the minimum sentence for an offender who has been convicted of burglary of a residential building for a third time?

Answer 28

3 years

Question 29

What is the number increase of the daily prison population from 1951 to 2011?

Answer 29

1951-c20,000

2011-c85,000

Question 30

What is the maximum length of a suspended prison sentence?

Answer 30

2 years

-6 months for magistrates

Question 31

What is a suspended prison sentence?

Answer 31

When a sentence does not take effect immediately

Question 32

What can be a positive from a suspended prison sentence?

Answer 32

If the offender does not re offend during this period of time, then the prison sentence will not be served

Question 33

What happens if an offender commits an offence during a suspended prison sentence?

Answer 33

Their sentence will be ‘activated’ and they will have to serve that sentence together with any sentence for that new offence

Question 34

When should a suspended sentence be given?

Answer 34

Only where the offence is so serious that an immediate custodial sentence would have been appropriate but there are exceptional circumstances in the case that justify a suspended sentence

Question 35

What punishment can be combined together with a suspended sentence?

Answer 35

a community order

Question 36

What will happen if the offender fails to meet the requirements of the community order?

Answer 36

the suspended sentence can be ‘activated’

Question 37

Prior to the Criminal Justice Act 2003 what could a suspended sentence only be combined with?

Answer 37

• fine or

- compensation order

Question 38

Why were suspended sentences prior 2003 rarely used by courts ?

Answer 38

They were seen as a ‘soft option’ as the offender was left unsupervised as the sentence could only be combined with a fine or a compensation order

Question 39

In what percentage of sentences do the Crown Courts use suspended sentences?

Answer 39

20% of cases