Range of Sentences Flashcards
What are the 4 types of Sentences
- Custodial Sentences
Community Sentences
Fines
Discharges
Explain Custodial Sentences
The most serious type of sentence, as the defendant is deprived of their freedom by being put into prison or a Young Offenders’ Institution
Custodial Sentence should only be imposed if the offence is so serious that only custody is justified
What does s230 Sentencing Act 2020 state about Custodial Sentences
The court must not pass a custodial sentence unless it is of the opinion that the offence… was so serious that neither a fine alone nor a community sentence can be justified for the offence
Explain a Mandatory Life Sentence
- Only sentence available for the offence of murder. Minimum term to be served in prison before release on licence ranges from whole life to 15 years.
Explain a whole life order
Most severe sentence where D will spend the rest of life in prison without possibility of release. Sentencing decides that the Offender is so dangerous, they should not be released.
Explain a Discretionary Life Sentence
For 1st commission serious offence. Max set by statute is life imprisonment, but judge doesn’t have to impose. Judge has discretion in sentencing can can choose to give any sentence less than maximum.
Explain Fixed Term Sentences
For other less serious crimes, the max length of a sentence will again be set by statue for a fixed term.
E.g Theft Act 1968 is 7 years
Explain Suspended Sentences
Offender will only serve the custodial period if there is a breach of one of the terms of the suspension. The prison sentence can only be between 14 days & 2 years. Period of suspension can be between 6 months & 2 years.
What are the types of Non Custodial Sentences
- Community Orders
- Fines
- Discharges
Explain Community Orders
Community Orders must contain a punitive element under the Crime and Courts Act 2013
CJA 2003 has created this single order and with it the court can combine a number of requirements, such as unpaid work, drug rehabilitation or a curfew.
Explain Fines
Most commonly imposed sentence and must take into account the D’s finances.
There is no maximum fine for more serious offences in either MC or CC.
The court must make sure the fine reflects the seriousness of the offence as well as the ability of the offender to pay
Explain Discharges
Absolute Discharge: D is free to go as they are legally culpable but morally blameless.
E.g Person is found in possession of a small quantity of cannabis for personal with a medical reason.
Conditional Discharge: No further action is taken unless D reoffends within a set period of up to 3 years.
