Sentencing - Types of Sentence - Custodial Flashcards
Main types of custodial sentences?
- Determinate sentences
- Suspended sentences
- Minimum sentences
- Extended determinate sentences (EDS)
- Mandatory life sentence for murder
- Discretionary/statutory life sentences
Custody sentence threshold?
A custody can only be imposed if the offence is so serious that neither a fine nor a community sentence can be justified
What is a determinate custodial sentence?
A sentence for a fixed period of time (eg. 6 months, 2 years etc.)
What powers do Mags have for determinate sentences?
- Max 6 months for a summary offence
- Max 6 months for a single either-way
- Max 12 months total for 2 or more either ways
What powers does the crown have?
Crown can impose any sentence up to the statutory max of the offence
Does time spent on remand count toward sentence?
Yes - it is automatically deducted from the custodial term
Does time on electronic monitored curfew count?
It can - if curfew was 9+ hours/day. Each day = 1/2 credit, only
When can a suspended sentence be imposed?
Where D crosses the custody threshold, but the sentence can be suspended for compliance
What are the Mags court powers to suspend?
Sentences of 14 days to 6 months
What are Crown court powers to suspend?
Sentences of 14 days to 2 yrs
What are the 3 components of a suspended sentence?
- Custodial term
- Operational period (6 mo to 2yrs)
- Supervision period (optional, max same as operational period)
Can community requirements be added to a suspended sentence?
Yes - the court may add one or more community order requirements
What may trigger a breach of suspended sentence?
- committing a new offence during the operational period
- failing to comply with supervision
- failing to comply with a requirement
What must the court do if a breach is found or admitted?
Activate the suspended sentence in full or part, unless it would be unjust
What is the minimum sentence for a 3rd Class A trafficking offence?
7 yrs imprisonment, unless unjust to impose
What must be proven for a Class A drug minimum sentence?
Offences must occur in sequence - commission>conviction>commission>conviction>conviction>commission>conviction
What is the min sentence for a 3rd Domestic burglary?
3 years imprisonment, all burglaries must be of dwellings
Can the Mags court impose the minimum burglary sentence?
No - D must be committed to crown
What is the purpose of Extended Determinate Sentences (EDS)
To extend the licence period for public protection where D is dangerous
What must be found before imposing an EDS??
D is convicted of a specified violent, sexual or terrorism offence, and is dangerous
What is max extension periods for EDS?
- 5yrs - specified violent offence
- 8 yrs - specified sexual or terrorism offence
When is a prisoner serving an EDS eligible for parole?
At the 2/3 point of the custodial term; must be released at the end of the custodial term.
When is a life sentence mandatory?
Only for murder - the court has no discretion
What happens after a life sentence is passed for murder?
The court must fix a minimum term; D can apply to the Parole Board after it expires
What if D is given a whole life order?
D will never be released - reserved for the most serious cases
When may a statutory life sentence be imposed?
- D is convicted of a Schedule 19 offence and is dangerous; or
- D is convicted of a second Schedule 15 offence and sentencing conditions are met
These are discretionary
