Sentencing Flashcards
3 types of offences?
Indictable
Either way
Summary
Aims of scentencing
Retribution- ensure guilty punished
Deterrence
Protection
Reparation
Denunciation-condemnation from public
Powers of Criminal Courts-Custodial sentences
Crown- unlimited power
Magistrates- 6 months prison time for one offence, 12 for 2
Fines
Crown- unlimited, no max limit
Magistrate- summary offebce in 5 different levels:
Level 1: £200 max
Level 2: 5200 max
Level 3: £1000 max
Level 4: £2500 max
Level 5: unlimited
Other powers
Conditional discharge
Making a compensation order
Disqualifying a person from driving
Sentences Available-Custodial sentences
Most serious punishment
A few weeks-life imprisonmnet
Mandatory/discretionary life sentence, fixed-term sentences, suspended sentences
Only serious offences
CJA2003- custodial not passed unless offence so seriosu neither fines nor community orders can br justified
Mandatory life sentences
Murder= only available sentence
Judge allowed to state minimum years of imprisonmnet with minimum served of 12 years
Discretionary life imprisonment
For other serious offences (S18)
Maximum sentence life imprisonment but judge doesnt have to impose it, discretion in sentencing and can give a lesser sentence.
Fixed-term sentences
Length of sentences depends on factors: seriousness of crime, maximum sentence available, previous record.
Set number of months/years
Don’t serve whole sentence, released after half served
Only 21+ can receive it
Suspended prison sentence
Up to 2 years (six months in Magistrates)
Doesn’t take effect immediately
Court will fix a time for which sentence suspended (up to 2 years)
If crime not commited, conviction dropped. If crime committed, conviction upheld plus new charges
Community orders
Available for 16+
Unpaid work
Prohibited activity requirement
Supervision requirement
Curfew requirement
