Sentencing Flashcards
Types of Sentencing
Custodial, Community orders, Fines, Discharges
What does the sentencing act 2020 say
Custodial sentences can only be imposed if the offence is so serious that neither a fine nor community sentence is enough
What are the 4 types of custodial sentence?
- Mandatory life sentences
- Discretionary life sentences
- fixed term life sentences
- suspended sentences
What does tarriff/minimum term mean?
The minimum amount of time an offender needs to spend in prison before release can be considered. If the parole board does not deem them suitable for release, they continue the sentence.
What does it mean to be put on licence?
The offender is out of prison but has to comply to certain conditions such as being electronically tagged. If the offender breaches their conditions or re-offends they are sent back to prison.
Which kind of offenders receive a Whole Life Order (WLO)
Murder of a child where there is a sexual motive, murder for ideological reasons (a police officer’s misuse of power to rape and kill is the same as murder for ideological reasons)
What is a fixed term sentence?
A sentence that has a fixed end date
What is a suspended sentence?
Where the offender is not immediately sent to prison
When is a suspended sentence given?
-Only where a sentence is a maximum of 2 years
-First time offenders of less serious crimes
What are the main types of community sentencing?
- unpaid work requirement
- Curfew requirement
- A programme requirement (anger management/mental health)
- Drug/Alcohol treatment requirement
- Prohibited activity requirement
What offences are fines most likely given to, and who to?
Summary offences, the fine is paid to the state.
What is a conditional discharge?
Where the court releases the offender on the condition tht no further offence is committed for a period up to 3 years. This is typically used for first time offenders of minor crimes.
What is an absolute discharge?
An absolte discharge menas that no punishment is imposed. It is imposed if the court decides that D has broken the law but it morally blameless.
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