sentencing Flashcards
what are the 4 types of sentences?
-custodial sentences
-community orders
-fines
-discharges
when does The Sentencing Act 2020 say custodial sentences can be awarded?
when neither a fine nor a community sentence is enough
what are the 4 types of custodial sentences?
-suspended sentence
-mandatory life sentence
-discretionary life sentence
-fixed term sentence
what does a minimum tariff mean?
the number of years actually spent in prison, usually half
what is the case that shows life sentences?
Frances Inglis
what kind of offences recieve whole life orders?
child murders with sexual motives, political murders, ideological murders, murders that involve breach of trust
-R v Letby
-R v Adebolajo
what is a fixed term sentence?
the judge sets a fixed amount of time that the sentence will last for, usually the defendant will then serve half of this
what is a suspended sentence?
d will not serve their time in prison unless they reoffend or breach requirements
what are the 5 types of community sentences?
-unpaid work requirement
-curfew requirement
-a programme requirement - health or anger management
-drug/alcohol treatment requirement
-prohibited activity requirement
what classification of offence would be punished via a fine?
summary offences
what are the 2 types of discharge?
-a conditional discharge
-an absolute discharge
what is a conditional discharge?
where the court releases an offender on the condition that no further offence is committed for a period of up to 3 years
what is an absolute discharge?
no punishment is imposed
what are the 2 types of factors affacting sentencing?
mitigating and aggravating factors (could also include things like medical reports and pre-sentence reports)
