Sentencing

Question 1

What is the maximum amount of imprisonment the Magistrates can impose for a single offence?

Answer 1

6 months

Question 2

What is the maximum amount of imprisonment the Magistrates can impose for multiple offences?

Answer 2

12 months

Question 3

What is a tariff sentence?

Answer 3

the usual sentence for particular offence (before considering mitigating and aggravating factors)

Question 4

What is a mitigating factor?

Answer 4

factors that make the offence less serious and decrease the sentence

Question 5

What is an aggravating factor?

Answer 5

factors that make the offence more serious and increase the sentence

Question 6

What are the 5 aims of sentencing?

Answer 6

punishment
deterrence
rehabilitation/reform
protection of the public
reparation

Question 7

What are the two different types of deterrence?

Answer 7

individual and general

Question 8

What are the four types of sentences?

Answer 8

custodial sentence, community sentence, fines, and discharges

Question 9

What section of what act says that custodial sentences should be reserved for serious offences only?

Answer 9

The Sentencing Act 2020, s.230

Question 10

What does the Sentencing Act 2020, S.230 say about custodial sentences?

Answer 10

That they should be reserved for serious offences only.

Question 11

What is a suspended prison sentence?

Answer 11

A custodial sentence where the offender does not have to go to prison provided that they do not commit any further offences in a chosen amount of time and comply with any requirements imposed.

Question 12

What is a fixed term (determinate) sentence?

Answer 12

Imprisonment for a set number of months or years.

Question 13

What is a fixed term (determinate) sentence?

Answer 13

Imprisonment for a set number of months or years.

Question 14

What is the most common type of prison sentence?

Answer 14

Fixed term sentence

Question 15

What is an extended prison sentence?

Answer 15

a prison sentence that combines a custodial term with a supervision period in the community, for serious offences

Question 16

What is a minimum sentence?

Answer 16

the minimum number of years of imprisonment for certain, usually serious, offences (7 years imprisonment for a third Class A drug trafficking offence)

Question 17

What is a minimum term when referring to life sentences?

Answer 17

the amount of time that the offender must stay in prison before being eligible for parole.

Question 18

What is a whole life order?

Answer 18

when the offender must spend the rest of their life in prison

Question 19

How many different options of requirements are there for community orders?

Answer 19

13

Question 20

In which schedule of which act are the 13 possible requirements of a community order set out?

Answer 20

Schedule 9 of the Sentencing Act 2020

Question 21

What is the most common type of sentence?

Answer 21

fines

Question 22

In 2019, what percent of all offenders received a fine?

Answer 22

78%

Question 23

What is a discharge?

Answer 23

The person is released from court with no further action, but they will still have a criminal record.

Question 24

What is an absolute discharge?

Answer 24

no penalty imposed

Question 25

What is a conditional discharge?

Answer 25

when discharged on the condition that the offender will not commit anymore offences in the next 3 years. If they do they can be sentenced for the new offences and the first one.