Setencing Flashcards
Which courts can impose prosecution costs order
Both
Which courts can impose compensation order
Both
When should a court make a compensation order
Must make it where it is allowed to do so unless it would be unjust
Which courts have the power to impose a confiscation order
Only the crown court
What is a confiscation order
Requires D to pay a sum of money to the court that requires an offender to pay a sum of money to the court that represents the offenders benefit
What is the custody threshold
A custodial sentence must not be passed unless the offence is so serious that neither a fine nor a community order can be justified
Is the period that a person has been remanded in custody taken off of there sentence
Yea and it is automatic
If a person is on bail, will that time be taken off from sentence
Only if they have an electronically monitored curfew and the number of hours under curfew is at least 9 !
The court must make an order that the time counts
What is special about a third class A drug offence and third domestic burglary
You get a minimum custodial Sentence and if plead guilty, then cannot be given a sentence that is less than 80% of minimum sentence
When can an extended sentence be given
For specified violent or sexual offences
What is the range for the extension
Must be an extension of at least 1 year
Up to 5 for violent and
Up to 8 for sexual
If you get an extended sentence when will you be released
Apply for parole at 2/3 and must be released at end of custodial sentence in any event
What is a statutory life sentence
Certain offences such as rape or robbery may get a life sentence if considered dangerous
Second listed offence means life sentence unless unjust
What is a bind over
A person can be bound over by a court to keep the peace for a sum of money that they forfeit if they fail to do so
This can be imposed instead of guilty plea or being tried for offence - and even after an acquittal
What is an absolute discharge
Lowest form of sentence available
It is no punishment - nothing the offender must do or comply with
What is a conditional discharge
If D commits another offence then they can be re sentenced for the first and the new offence
Specified period must be no more than 3 years
What can a fine not be accompanied by
Hospital order or discharge or conditional discharge
What is a community order
A sentence that requires D to comply with one or more requirements to punish or rehabilitate
Must not make community order unless offence was serious enough to warrant the making of such an order
What is the maximum length of a community order
3 years
What happens if someone does not comply with community order
They will get a warning if without reasonable excuse
Then it will either be
A) amended
B) fine up to 2500
C) re sentencing the offender
The court can extend the community order for up to 6 months over 3 years but only once
