Sentencing Flashcards
What are the 4 types of sentence?
Custodial Sentences
Community Orders
Fines
Discharges
What did S152 of the Criminal Justice Act say when a custodial sentence can be imposed?
- Defendant is over 21 years old
2. The offence is serious enough that neither a fine nor community sentence is harsh enough.
What are the 4 types of CUSTODIAL sentence
Suspended Sentence
Fixed Term Sentence
Discretionary life Sentence
Mandatory Life Sentence
What does mandatory mean, in terms of a life sentence?
The judge has to impose a life sentence if D is found guilty.
What is the Tariff?
The minimum number of years to be served before parole is available.
What is parole?
Parole is when a prisoner is released from prison before the end of their sentence, being put on license (under supervision)
Who decides if parole should be granted?
The Parole Board
What is the maximum tariff a judge can impose?
A whole life order can be imposed, meaning the D will serve life without parole. This can be done when there is a murder of a child involving a sexual motive, or a murder for political reasons. For example, R v Mair - Jo Cox (an MP) was shot in the head because D disagreed with what she was doing for the constituency.
What is a mandatory life sentence?
When the tariff is set at life, judge cannot lessen the sentence.
What is the tariff for a discretionary life sentence?
This is where the maximum sentence for an offence is a life sentence BUT the judge does not have to impose life. The judge can decide on a lesser sentence.
What is a fixed term sentence?
These are also known as Determinate Sentences (because the judge determines the length of the sentence)
The judge will look at the maximum sentence for the offence, take into account the aggravating and mitigating factors and decide how long the D should be in prison.
What are suspended sentences?
This is where the D does not 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, including: doing unpaid work, being subject to curfew, undertaking a treatment programme or being subject to rehab activity. If the D does not follow the requirements, they are likely to serve the original custodial term. Sentences can only be suspended for up to 2 years.
What is a community order?
When the D must follow a set of requirements set by the court.
What did the Criminal Justice Act 2003 do in relation to community orders?
They created 1 community order to which courts can add 12 different requirements, depending on the offence.
What are the 12 requirements?
Attendance centre, exclusion, alcohol treatment, Mental health treatment, residence, supervision, unpaid work, programme, prohibited activity, activity, drug rehabilitation, curfew.
