Sentencing: Types of Sentence

Question 1

Types of Sentence

Answer 1

Fines:

• For any offence except Murder
• Max £5000 in Mags, No Limit in Crown
• Fixed Penalty: Pay fine and avoid Conviction
• S.4 CJA 2003: On the Spot Fines

Custodial Sentences:

• S.152 CJA 2003: Must not give Custodial unless crime so serious that Community or Fine not enough
• Mandatory or Discretionary Life Sentences, Fixed-Term Sentences or Suspended Sentences

Types of Custodial Sentence:

• Custody Plus: 3 months in Custody, Staged release back into society (Maintains Family Bonds)
• Intermittent Custody: Return to Prison at Night+Weekends to continue Education and Employment

Discharge:

• Conditional: No Further Action unless break conditions e.g. condition that they don’t reoffend within certain times
• Absolute: No Further Action

Question 2

Mandatory Life Sentences

Answer 2

Mandatory:

• Judge has to give Life Sentence
• Only discretion in deciding minimum years D will serve before being released on license
• Minimum term governed by CJA 2003

Whole Life Term Given When:

• D murdered more than 1 person and involved: Planning, Abduction, Torture or Sexual Assault
• Murder of Child and involved Sexual Assault or Sadistic Motivation
• Murder done for advancing political, religious or ideological cause
• D has previous Murder convictions

Starting Point of 30yrs When:

• Murder of Police in course of Duty
• Murder involved Firearms
• Murder was sexual or sadistic
• Murder was racially of religiously aggravated

If not given whole life or starting point of 30 yrs, D given starting point of 15yrs (12yrs if under 18)

Question 3

Fixed Term (Determinate)
and
Indeterminate Sentences

Answer 3

Fixed Term:

• Fixed sentence, can only go up to max for that offence
• Automatically released after half time served (if good behaviour)

Indeterminate:

• Minimum period set for when you are eligible for Parole
• Min time set by Parole Board

Question 4

Suspended Sentences

Answer 4

Mags:
- Suspended for 6 months

Crown:
- Suspended for 2 years

If D reoffends within this time they will serve sentence for 1st and new offence

Question 5

Home Detention Curfew

Answer 5

Crime and Disorder Act 1998:

• Early release from prison on condition that a curfew is given
• Curfew enforced by electronic tag
• No automatic right to this

Question 6

Extended Sentences
and
Imprisonment for Public Protection (Replaced by Extended)

Answer 6

S.84 POCCA 2000 Extended Sentences:

• Extended Sentence can be given if crime is violent or sexual
• Extension to sentence is served on licence and cannot exceed 5 yrs for violent and 10 yrs for sexual

Imprisonment for Public Protection:

• From 2005-2012, stopped 2012 and replaced with Extended Sentence
• Serves time and will apply for parole at end
• Only released if deemed not a danger to public

Question 7

Community Orders

Answer 7

Types of Community Order given by S.177 CJA 2003:

• Unpaid Work
• Activity Requirement
• Drug Rehabilitation Requirement
• Attendance Centre Requirement (Under 25s)