The Penal System

Question 0

What is the only sentence a judge can impose for murder?

Answer 0

A mandatory life sentence.
This applies to any offender over 18 years old who will serve a period of time in prison, which is decided by the judge, before being eligible to be released on licence. The minimum term to be served before release ranges between whole life and 15 years.

Question 1

Name the four main sentences available for adult offenders in order of severity.

Answer 1

Custodial sentences (spending a period of time in prison)
An adult community order (community service)
Fines
Discharges

Question 2

What is meant by the term ‘licence’?

Answer 2

For an offender who has committed murder, when/if released from prison they are released on licence, meaning if they commit another offence or breach supervision requirements they risk being sent back to prison.

Question 3

Which piece of legislation regulates mandatory life sentences?

Answer 3

The Criminal Justice Act 2003

Question 4

Which sentence is used for serious offences such as rape, manslaughter and robbery?

Answer 4

A discretionary life sentence which has the maximum sentence of life, but the judge can give a lesser sentence if appropriate.

Question 5

What is a fixed term sentence?

Answer 5

A term of imprisonment for a set number of months of years, but anyone sent to prison for a fixed term of 12 months or more is released on licence after serving half of their sentence.

Question 6

What is an indeterminate sentence and who is it used for?

Answer 6

An indeterminate sentence is used for offenders who are dangerous and whom the public need to be protected from. The offender will not be released until the parole board decide they are no longer a risk to the public.

Question 7

Explain what an extended sentence of imprisonment is.

Answer 7

An extended term of imprisonment is used for sexual and violent offenders and comes under the legislation, PCC(S)A 2000. The offender is given a custodial sentence plus a further period which is served on licence. The extensions period has a maximum of 8 years for sexual offenders and 5 years for violent offenders.
The aim is to have greater control over offenders when they leave prison.

Question 8

What is a suspended prison sentence?

Answer 8

This means that the prison sentence is not served for a certain amount of time, up to two years. If the offender doesn’t commit any further offences during this time, then the prison sentence will not be served. If another offence is committed then the sentence becomes active and will be served on top of the sentence of the new offence.
The aim is that the threat of prison will deter the offender from committing further crime.

Question 9

Which act created the Adult Community Order?

Answer 9

Criminal Justice Act 2003

Question 10

Explain the unpaid work requirement under the Criminal Justice Act 2003

Answer 10

The offender must work between 40 and 300 hours on a project organised by the probation service. This could include things like painting schools or help build play centres.

Question 11

Explain an activity requirement under the Criminal Justice Act 2003

Answer 11

The offender must participate in a specified activity, such as meeting up with the victim.

Question 12

Explain the programme requirement under the Criminal Justice Act 2003

Answer 12

The offender must participate in a programme of activities such as anger management.

Question 13

Explain the prohibited activity requirement under the Criminal Justice Act 2003

Answer 13

The offender must no participate in certain activities on any specified days, such as an offender found guilty of criminal damage may be banned from carrying paint or marker pens.

Question 14

Explain the curfew requirement under the Criminal Justice Act 2003

Answer 14

The offender must stay in a certain place between 2 or 16 hours within a 24 hour period.
This can last up to 6 months and the offender is usually electronically tagged.

Question 15

Explain the disadvantages of the curfew requirement.

Answer 15

Although cheaper than prison, tagging is quite expensive and a recent report showed that over half of offenders broke the terms of the curfew requirement

Question 16

Explain the exclusion requirement under the Criminal Justice Act 2003

Answer 16

The offender is ordered no to go to certain places at certain times.
For example, a shoplifter may be banned from certain shopping areas.

Question 17

Explain the residence requirement under the Criminal Justice Act 2003

Answer 17

When the offender is ordered to reside a specific place

Question 18

What are the three requirements under the Criminal Justice Act 2003 regarding health and addiction?

Answer 18

A mental health treatment requirement is where the offender can consent to being treated by a doctor or psychologist.
A drug rehabilitation requirement is where an offender can be treated for their addiction, same as the alcohol treatment requirement which is the same but in relation to alcohol.

Question 19

What is a supervision requirement under the Criminal Justice Act 2003

Answer 19

Where the offender is placed under supervision of a probation office for up to 3 years. During this time the offender must keep in regular contact with the probation office who will act as a role model for the offender and may possibly help with housing problems.

Question 20

What is an attendance centre requirement? And who does it apply to?

Answer 20

This applies to offenders aged under 25. The offender must attend between 12 and 36 hours at a special centre and undertake organised leisure and training activities. The offender cannot spend more than 3 hours at the centre in on day.

Question 21

What is the maximum amount of requirements that can be given to an offender?

Answer 21

An offender should not be given more than 3 requirements at any one time.

Question 22

What is the maximum fine which can be given in Magistrates Court?

Answer 22

Magistrates court can fine an individual up to a maximum of £5000 and businesses who commit health and safety offences can be fined up to a maximum of £20000

Question 23

What is a conditional discharge?

Answer 23

A conditional discharge is that no penalty is imposed is the offender does not commit another offence within the time given, up to 3 years.

Question 24

What is an absolute discharge and give an example when it may be used.

Answer 24

An absolute discharge is the release of the offender without any conditions or record. This is likely to be used when the offender is guilty but morally blameless, for example, a tax disc on a vehicle had fallen to the floor, it is not being displayed thus it is a crime.