The Range of Sentences Q4

Question 1

The power given to judges to pass sentences comes from what Act?

Answer 1

Powers of Criminal Courts (Sentencing) Act 2000

Question 2

What are the 5 ranges of sentencing?

Answer 2

• Imprisonment/custody
• Suspended prison sentence
• Community sentences
• Fines
• Discharges

Question 3

Imprisonment/Custody

Answer 3

• This is the most serious type of sentence as it is deprives an individual of his freedom by placing him in prison or a Young Offenders Institute.
• S. 1(2) of the Criminal Justice Act 1991 states custody should only be used if the offence is so serious that only this sentence is justified.
• The judge must work within the guidelines set for each crime. For instance, for S. 18 GBH with intent the OAPA 1861 states the maximum is custodial sentence is life.

Question 4

Suspended Prison Sentence

Answer 4

• s118 Powers of Criminal Courts (Sentencing) Act 2000
• A suspended prison sentence is where D does not serve the sentence unless he re-offends.
• A suspended sentence can only apply to custodial sentences that are less than 2 years.
• If the defendant does not commit an imprisonable offence within 2 years, they will not need to serve the custodial sentence.

Question 5

Community Sentences

Answer 5

These cover a wide range of sentences that are served within the community rather than sending D to an institution such as prison.
-S177 CJA 2003 outlines the types of community orders.

Question 6

What community sentences are there?

Answer 6

• Community Rehabilitation Order: D is monitored by a probation officer for between 6 months-3 years.
• Community Punishment Order: D carries out unpaid work in the community for between 40-300 hours (increased in LASPO 2012) .
• Combination Order: this is a combination of the above.
• Curfew Order: D must remain at a specified address between certain hours, e.g. 7pm-7am, and is often monitored by a tag.
• Exclusion Order: D is banned from entering certain areas.
• Drug Treatment Order: D is helped with his drug addiction.

Question 7

Fines

Answer 7

• The Crown Court can fine a defendant instead of or in addition to passing a sentence of imprisonment: s127 of the PCC(S)A 2000.
• D is ordered to pay a specified amount of money to the court.
• A fine can be limited by the statute or unlimited. The maximum fine the Magistrates can order is £10,000 (or £20,000 for a business).
• The amount must take Ds income into account and must not be excessive in comparison to the offence (s128 PCC(S)A 2000).
• Fines are the most common form of sentence.

Question 8

Discharges

Answer 8

• This means D is released from court without punishment
• An absolute discharge means D is free to go and not is subject to any conditions as the court do not wish to punish D.
• A conditional discharge means D is free to go with the condition he does not re-offend otherwise he will be brought before the court for sentence again.