Sentencing - Types of Sentence - Non-Custodial Flashcards
Examples of non-custodial sentences? Can they all be imposed in Mags and Crown?
Yes
- Bind over
- Absolute discharge
- Conditional discharge
- Fine
- Community Order
Bind over?
An order binding a person to keep the peace, often for a sum of money to be forfeited on breach
Can a bind over be imposed after acquittal or on a witness?
Yes - it may be imposed without a conviction, following an acquittal or on a witness
What is an absolute discharge?
No punishment is imposed - reflects triviality of the offence or special circumstances
What is a conditional discharge?
No punishment unless D commits another offence during a specified period (max 3 years)
What happens if D reoffends during a conditional discharge?
D can be re-sentenced for the original offence and sentenced for the new offence
When can fines be imposed?
For most offences, unless statutorily prohibited (eg. mandatory minimum sentences)
Can a fine be combined with another sentence?
Yes - but not with a discharge or hospital order, and generally not with custody
What happens if a fine is not paid?
D may be brought back to court; imprisonment in default is last resort
What is community order threshold?
Offence must be serious enough to justify more than a discharge/fine
What are the Court’s conditions when making a Community Order?
- D must be over 18
- Offence must be punishable by imprisonment
- At least 1 requirement must be imposed
- At least 1 punitive element unless a fine is also impose or there are exceptional circumstances
- Must not interfere with religion, work or education
Max length of a Community Order?
3 yrs
What is the unpaid work requirement?
40-300hrs, to be completed within 12 months, under Probation Service direction.
What is the rehabilitation activity requirement?
Attendance at appointment or activities, up to a specified maximum number of days
What is a programme requirement?
Participation in an accredited programme (eg. anger management) for a defined number of days
What is a prohibited activity requirement?
Prohibition from doing a specified activity eg. attending football matches
What is a curfew requirement?
Remain at a specified place for 2-16 hrs/day, up to 12 months and must usually be electronically monitored.
What is an exclusion requirement?
Prohibition from entering a location or seeing a person, max duration 2 yrs, with elec monitoring unless inappropriate.
What is a residence requirement?
D must live at a specified address or as directed
What is a foreign travel prohibition requirement?
Prohibits travel to specified countries, on certain day or for up to 12 months
What are the 3 treatment-based requirements?
- Mental health - D must consent and have a treatable condition
- Drug rehab - D must be dependent and willing
- Alcohol treatment - for dependence; requires consent and suitability
What is the alcohol abstinence & monitoring requirement?
Up to 120 days of monitored abstention or consumption below a specific level
What is the attendance centre requirement?
For 18-24 yr olds, 12-36 hrs of attendance at a supervised centre
What must the court do if D fails to comply with a requirement?
- warn D
- on second breach without reasonable excuse, start breach proceedings
What are the court’s powers on breach?
- Make order more onerous
- Fine D up to £2,500
- Revoke and re-sentence (court may consider custody up to 6 months)
Can the community order period be extended?
Yes - once only, by up to 6 months
