Topic 19- Sentences Pt 1 Flashcards
What is an order for absolute discharge?
An order discharging the offender absolutely in respect of an offence
Why would an absolute discharge be made?
If it is inexpedient to inflict punishment, having regard to the circumstances, such as the:
Nature of the offence
Character of the offence
Can an absolute discharge be combined with a community order or fine?
No
Which court and for which crimes are absolute discharge available for?
Any court
Any age
Any offence
Can absolute discharge be combined with other sentencing?
Yes, usually with disqualifications
Eg, combined with an order for disqualification from driving
Can also make compensation or restitution orders
What is a conditional discharge?
An order discharging an offender, to the condition that the offender commits no offence during the period specified in the order
What offences are conditional orders not available for?
Sexual offences
Serious violent offences
Why would a conditional discharge be made?
If it is inexpedient to inflict punishment, having regard to the circumstances, such as the:
Nature of the offence
Character of the offence
When a discharge is conditional, what is the sole condition?
That the offender should commit no further offence during the period of discharge
No other conditions can be imposed
What is the maximum period of conditional discharge?
Three years
Which court and for which crimes are conditional discharge available for?
Any court
Any age
Any offence
What happens if an offender breaches their conditional discharge order?
They will be sent back to Court and sentenced for the original offence
This will terminate the conditional discharge
What offences do fines not apply to?
Life sentence for murder
Other mandatory life sentences
Terrorism sentences
Third domestic burglary offence
Hospital orders
Can a fine be combined with a hospital orders?
No
Can a fine be combined with absolute or conditional discharge?
No
Where the Crown Court imposes a fine, how will the fine be paid usually?
Either allowing time for the payment of the fine
OR
Paying in instalments
Before ordering a fine, what must the Court consider?
The offender’s financial circumstances
Must also reflect the seriousness of the case
What is a financial circumstances order?
An order requiring an individual to give the court a statement of their assets and other financial circumstances
This is used for deciding on a fine
If an individual does not comply with a financial circumstances order, what may happen?
Liable for summary conviction to a fine not exceeding level 3
What must a fine imposed reflect?
It must reflect the seriousness of the offence
Cannot be disproportionate
Eg, a fine is inappropriate where a custodial sentence should be made
How will the court take into account the financial circumstances of an offender?
They must consider that the offender must be able to actually pay for the fine
They should either increase of decrease the fine depending on their financial circumstances
If an offender cannot pay a fine, should a custodial sentence be imposed instead?
No, it is wrong to impose a custodial sentence if they can’t pay
If an offender is well-off and a fine would not be punishment, what should happen?
The fine should be increased
What are the sentencing guidelines for fines?
Normally a fine should be paid within 12 months, though there may be exceptions
Can fines be combined with custodial sentences?
Yes, however this may not be desirable, as it would deprive the offender of being bale to pay the fine
When is a community order only available?
If the offence is punishable with imprisonment
Can a community order be combined with a hospital or guardianship order?
No
When a court is considering whether to make a community order, what must they obtain?
A pre-sentence report
This is used to help take into account all the information available to decide whether to impose a community order
What are examples of community order requirements?
Unpaid work requirement
Rehabilitation
Curfew
Residence
Foreign travel prohibition
Mental health treatment
Alcohol abstinence
What is the maximum and minimum range for number of hours of unpaid work that can be imposed in a community order?
Max 300 hours
Min 40 hours
Before imposing an unpaid work requirement in a community order, what must the court consider?
Whether the offender is a suitable person to perform the work
If unpaid work is not available at the time of sentencing, when should it be carried out?
Within 12 months of the sentence
Can two or more community orders for separate offences exceed 300 hours in total?
No, it must not exceed 300 hours
What is the relevant period for a community order?
The period for which the community order is in force
When making a rehabilitation activity requirement under a community order, what must the court specify?
The maximum number of days the offender must complete
Must be suitable and proportionate
What is a programme requirement?
A requirement that the offender must participate in an accredited programme
Eg, anger management, domestic violence, sex offending, substance misuse, etc
Where a sex offender has good prospects of rehabilitation, what is a good alternative to a custodial sentence?
A programme requirement in a community order
What is a prohibited activity requirement?
The court can order an offender to refrain from participating in certain activities
Eg, attending football matches
What is the maximum and minimum hours for a curfew requirement?
Maximum 20 hours and minimum two hours
Where a court imposes a curfew requirement in a community order, what must normally also be imposed?
An electronic monitoring requirement
Unless the court deems it inappropriate
What is the maximum curfew hours over 7 days?
112 hours
What is the maximum time frame that a curfew requirement can be imposed?
Up to two years
What is an exclusion requirement in a community order?
A requirement which prohibits an offender from entering a specific place
Eg, a town centre
How long can an exclusion requirement last for?
Maximum two years
What is a residence requirement?
A requirement that the offender resides at a place specified for a period of time
In a residence requirement, can the court specify a hostel as a specific place?
No, unless upon the recommendation of a probation officer
When can a mental health treatment requirement be made?
Where the court is satisfied that the mental condition of the offender requires treatment
The offender must also be willing to comply with the order
When can a drug rehabilitation requirement be made?
Where the court is satisfied that the offender is dependent on a drug
The offender must also be willing to comply with the requirement
When can an alcohol treatment requirement be made?
The offender must be dependent on alcohol
The offender must also be willing to comply with the requirement
If an offender has not complied with any requirements in a community order, what then happens?
The responsible officer must give a warning describing the circumstances of the failure; the failure is unacceptable; and that if they then fail to comply again within the next 12 months, they will be brought back before a court
If an offender has already not complied with a requirement in a community order, and fails to comply again, what happens?
The responsible officer must refer the matter to an enforcement officer
The enforcement officer may then issue a summons to send them back to court
Where will breach of a community order usually be dealt with?
Unless the Crown Court made a direction that a breach is to be dealt with by MC, it will usually be dealt with in Crown Court
What are the four ways a court deals with a breach of a community order?
Order a fine of max £2,500
Amend the terms of the community order, so as to impose more onerous terms
Sending the offenders to prison for max 28 days
Re-sentencing the offender for the original offence
If an offender has wilfully and persistently breached their community order, what may be imposed?
A custodial sentence may be imposed
Can a court take no action on a breach of a community order?
No, they must take action
When may a court revoke a community order?
If it is in the interests of justice and there are changed circumstances
Eg, offender has made good progress
Why may a community order be amended?
Change in the offender’s residence
Amendment of requirements
Change a treatment requirement
Making a later end date
