Topic 19- Sentences Pt 1 Flashcards by William Rowlands

What is an order for absolute discharge?

An order discharging the offender absolutely in respect of an offence

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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

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Can an absolute discharge be combined with a community order or fine?

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Which court and for which crimes are absolute discharge available for?

Any court
Any age
Any offence

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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

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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

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What offences are conditional discharge orders not available for?

Sexual offences

Serious violent offences

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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

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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

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What is the maximum period of conditional discharge?

Three years

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Which court and for which crimes are conditional discharge available for?

Any court
Any age
Any offence

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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

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What offences do fines not apply to?

Life sentence for murder

Other mandatory life sentences

Terrorism sentences

Third domestic burglary offence

Hospital orders

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Can a fine be combined with a hospital orders?

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Can a fine be combined with absolute or conditional discharge?

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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

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Before ordering a fine, what must the Court consider?

The offender’s financial circumstances

Must also reflect the seriousness of the case

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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

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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

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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

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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

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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

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If an offender is well-off and a fine would not be punishment, what should happen?

The fine should be increased

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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 able to actually pay the fine as they can't work

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?

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

Where conditional discharge has been breached, what must happen?

He MAY be re-sentenced for the original offence