(RED) Criminal Courts: Sentencing Flashcards
Which Act says that custodial sentences can only be imposed if the offence is so serious that neither a fine or community order is enough?
S152 of the Criminal Justice Act 2003.
What are the 4 types of custodial sentence?
- Mandatory life
- Discretionary life
- Fixed term
- Suspended
What is a tariff?
The number of years D has to stay in prison before they can be considered for parole.
What is parole?
Being released back into society although the rest of the sentence is still being served so there might be certain conditions like meeting with a parole officer regularly.
Who decides if a prisoner should be granted parole?
A Parole Board.
What sort of offences will a whole life tariff apply to?
Serial murder or murder done for ideological or political reasons ( e.g. R v Mair (murdered an MP)). Murder involving child paedophilia and may include the use of weapons and premeditation.
What is a mandatory life sentence?
Where a judge has to give a life sentence for offences like murder. The judge will choose the tariff which could be whole life. The average tariff for murder is 15 years.
What is a discretionary life sentence?
Where the maximum sentence for an offence is life but the judge doesn’t have to impose life. The judge considers aggravating and mitigating factors to decide on a suitable sentence length. e.g. s18 GBH or wounding, rape, robbery, manslaughter.
What is a fixed term sentence?
Also known as determinate sentence and the judge sets out the exact length of the sentence e.g. 10 years. The judge uses the sentencing guidelines which include the average sentence for the offence and the judge will consider aggravating and mitigating factors to decide a suitable sentence length. Normally an offender will serve half of a fixed term sentence in prison and the rest on licence supervised by a probation officer. e.g. theft, burglary, ABH, s20 wounding and GBH.
What is a suspended sentence?
Can apply to prison sentences between 14 days and 2 years and is suspended for up to 2 years. The offender doesn’t go to prison immediately but is given the chance to stay out of trouble and to comply with up to 12 requirements set by the court. If they don’t comply with the requirements or re-offend during the suspension period, they will serve the original custodial term as well as the additional term for the new offence.
What does the Criminal Justice Act 2003 (amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012) say?
It created one community order to which the court can add any of 12 requirements which they think are necessary. This means that this type of order is tailored and specific to each defendant.
What are some of the main requirements the court can set as part of a community order?
- Unpaid work requirement which requires an offender to carry out between 40 and 300 hours of unpaid work (usually giving back to society e.g. cleaning up graffiti).
- Curfew requirement where the offender has to stay at a particular address for between 2-16 hours in any 24 hour period and can be enforced by electronic tagging. It can last up to 6 months.
- A programme requirement e.g. anger management.
- Drug/ alcohol treatment requirement where the offender has to attend a rehabilitation clinic.
- Exclusion order banning them from certain places.
Which type of sentence is the most common in the Magistrates Court?
A fine.
Which classification of offence is most likely to be punished by a fine?
Summary.
Since when has there been no maximum limit on fines imposed by the Magistrates and Crown Court?
March 2015.
