Sentencing Available For Adults Flashcards
What are custodial sentences
CJA 2003 – only to be used where the sentence is “so serious that neither a fine alone nor a community sentence can be justified”
Range from a few weeks to life imprisonment
Mandatory and discretionary life sentences
Fixed term sentences
Custody plus (short term sentence)
Suspended sentences
What are mandatory life sentences
They are for Murder
Judge is allowed to set a minimum number of year that an offender must serve before eligible for release on licence
Minimum term is set by CJA 2003 – Minimum is 12 years
What are discretionary life sentences
For s18 offenders under the OAPA 1861
Max life but judge can decide on a lesser sentence where appropriate
This could be just a fine or even a discharge
What is a fixed term sentence
Imprisonment for a fixed number of months or years
It will depend on the crime, the seriousness of it and D’s previous record
Prisoners do not serve the whole sentence - they only serve half and then they are automatically released
Only offenders over 21 can be given a sentence of imprisonment
What is a suspended prison sentence
Adult offenders may be given a suspended sentence for up to 2 years (6 months for magistrates court)
The offender will not serve the sentence and is released however:
- it means that if the offender commits any further crime that will go to prison for the full sentence (plus extra for new offence)
These are used where the crime is so serious that a custodial sentence would normally be given but there are exceptional circumstances.
What are community orders
Under the criminal justice act 2003
Available for anyone over 16
The court can use one or a combination of the following:
Unpaid work - 40-300 hours in 8 hour sessions
Prohibited activity
Programme
Curfew- 2-16 hours out of 24
Exclusion
Residence
Mental health treatment
Drug / alcohol rehab
Supervision - probation officer for up to 3 years
Fines - magistrates court mx £5,000 but can fine business up to £20,000
What is a discharge (conditional and absolute)
Conditional - can release the offender on the provision that no other offences are committed during a set period (up to 3 years)
If conditions of discharge are broken then offender serves the original sentences as well as the new one
Used widely in magistrates court for first time minor offenders
Absolute - they have still be found guilty of the offence but no punishment is given
Often where they are technically guilty but morally blameless
Tax disc fallen into the floor - technically a crime but been paid for
