Powers of the courts- Fines, discharges&other powers available

Question 1

What fines can the magistrates impose on offenders?

Answer 1

• £5,000 on an individual offender

- £20,000 on businesses who have committed offences under certain regulations such as health and safety at work

Question 2

What are the 2 types of discharge community orders?

Answer 2

May either be a conditional discharge or an absolute discharge

Question 3

What is a conditional discharge? (how long)

Answer 3

this is where the court dischargers the offender on the condition that no further offence is committed during a set period of up to 3 years

Question 4

When is conditional discharge used?

Answer 4

Intended to be used where it is thought that punishment is not necessary

Question 5

What is the consequence of an offender offending whilst on conditional bail?

Answer 5

the court can impose another sentence in place of the conditional bail as well as the penalty for the new offence

Question 6

Which court mostly uses conditional discharge for who?

Answer 6

widely used by the Magistrates Court for first time minor offenders

Question 7

What is absolute discharge?

Answer 7

This means that effectively no penalty is imposed

Question 8

When will an offender be given an ‘absolute discharge’?

Answer 8

When the offender is technically guilty but morally blameless

Question 9

How long can an offender of a driver offence be disqualified form driving?

Answer 9

The length of disqualification will depend on the seriousness of the driving offence

Question 10

As well as disqualification from driving, what may the court also give the offender of a driving offence?

Answer 10

a fine

Question 11

For a first time drink driving offence what length of disqualification from driving can the court impose ?

Answer 11

for a first time drink driver, minimum of 12 months unless there are exceptional circumstances

Question 12

When can the courts use the power of disqualification of driving?

Answer 12

In any other crime where the offender has used a vehicle to commit an offence
e.g someone who drives a car to do a burglary

Question 13

What are the 3 other powers available to courts?

Answer 13

• Compensation orders
• Restitution orders
• Deprivation and forfeiture orders

Question 14

What happens when a court decides not to implement a compensation order?

Answer 14

they must state a reason why they do not make a compensation order

Question 15

What is a restitution order?

Answer 15

If the offender is still in possession of the property obtained from the victim, the courts can make an order that the property is returned, this is a restitution order

Question 16

What are deprivation and forfeiture orders?

Answer 16

a court can order an offender be deprived of property he has used to commit an offence

Question 17

Give an example of a deprivation and forfeiture order

Answer 17

e.g a person convicted of drink driving could be ordered to lose his car

Question 18

What does the Proceeds of Crime Act 1995 give the courts power to do?

Answer 18

The courts have the powers to take from criminals all profits from crime for up to 6 years before conviction