Topic 20- Sentences Pt 2 Flashcards by William Rowlands

What are the five types of custodial sentences?

Detention and training order

Sentence of detention

Sentence of detention in young offenders institution

Sentence of custody for life

Sentence of imprisonment

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Can under 21s be sentenced to imprisonment under any circumstances?

They cannot be sentenced to imprisonment

They can be remanded in custody

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What is the maximum term for an offence which has no specified term?

Maximum two years

Does not apply to common-law offences

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What is the minimum sentence for imprisonment by Magistrates Court?

5 days minimum for summary only

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What is the maximum sentence for imprisonment by Magistrates Court?

6 months max for summary only

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What is the maximum sentence for imprisonment by Magistrates Court for an either way offence?

Can be varied to 12 months max

by the Secretary of State

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If there are two or more summary only offences convicted, what is the max sentence by MC?

Max is 6 months for aggregate term

This is the max for summary only offences

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If there are two or more either way offences convicted, what is the max sentence by MC?

12 months max for aggregate term

Can be varied from 6 to 12 by the Secretary of State

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What is the maximum imprisonment sentence for common assault?

Max 6 months

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What is the maximum imprisonment sentence for criminal damage?

Max three months

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What is the general threshold test for courts in passing a custodial sentence?

A court must not pass a custodial sentence unless it is of the opinion that the offence was so serious that neither a fine alone nor a community sentence can be justified for the offence

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If an offender has failed to express willingness to comply with a community order, what may the court do?

Pass a custodial sentence instead

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What is the general rule on the length of a sentence passed by the court?

It must be for the shortest time as possible, so to achieve the goals of that sentence

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Where two offences have been committed, will a court have regard to both when determining length of sentence?

Yes, they may take into account the combination of both

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When dealing with deciding length of sentence with several offences, what must the court consider?

The fact that the total sentence may be disproportionate to the seriousness

Should be mitigated- sentences should run concurrently, and not increase the overall term

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Is overcrowding of the prison system a factor for the court to consider when deciding on sentence?

Yes, it should be kept in mind, with imprisonment only necessary and for no longer than necessary

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Does time remanded in custody count towards time served?

Yes, the number of days for which he offender was remanded in custody will be taken off the overall sentence

This will be automatic

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Does conditions on bail count towards part of the sentence?

It will count as a “credit period”

This is for where curfew conditions and electronic monitoring conditions are passed

The time spent on bail with these conditions will count towards the actual sentence

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What is credit period?

This is the amount of time spent on bail which then counts towards a curfew sentence

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Where an offender is to be sentenced for more than one offence, how should the sentencing be done?

The court should impose separate sentences for each offence

The court must make it clear whether the sentences run concurrent or consecutively

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When will a court impose concurrent sentences for two or more separate offences?

Where the offences arise out of the same incident or facts
OR
There is a series of offences of the same or similar kind

And where a consecutive sentence would be disproportionate for the seriousness of the offence

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What is a concurrent sentence?

Where the sentence runs alongside each other

Eg, for one sentence- year custody; another sentence- year custody=
total time- one year

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What is a consecutive sentence?

Where two sentences run one after the other

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When will a court impose a consecutive sentence?

Where the offences arise out of unrelated facts

The offences are distinct

The overall criminality would not be reflected by a concurrent sentence- it would undermine it

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What are the two elements of the totality principle in sentencing?

The overall sentence should reflect all of the offending behaviour, including the harm and culpability, together with aggravating and mitigating factors AND Be just and proportionate

What is the automatic release during sentence?

Half-way during a sentence, there is a duty on the Secretary of State to release the offender on licence The licence then remains in force until the expiry of the sentence

What is the exception to the automatic release during sentencing?

If the SoS believes on reasonable grounds that the offender would pose a significant risk to the public

What is the sentence for murder (over 21s)?

Must be sentenced to life imprisonment

What is the sentence for murder where the offender was aged under 18 at the date of conviction?

The sentence is one of detention at HM's pleasure

What is the minimum sentence for a third Class A drug offence?

At least 7 years Unless there are exceptional circumstances to justify not doing so

What is the minimum sentence for a third domestic burglary offence?

At least 3 years Unless there are exceptional circumstances to justify not doing so

Where an offender pleads guilty to their third Class A drug or domestic burglary offence, what is the reduction?

The court must not impose a sentence less than 80% the minimum sentence specified

What is the range of sentence time frame for a suspended sentence?

Minimum 14 days Maximum two years

Can a detention and training order be suspended?

What do suspended sentences apply to?

Applies to imprisonment and to detention in young offender institutions

Why won't suspended sentences for a repeat offence involving a weapon?

It is inappropriate in giving the deterrent message

What factors are considered when deciding if it would not be appropriate to suspend a sentence?

Risk to the public Appropriate punishment would only be achieved by immediate custody History of poor compliance with court orders

What factors are considered when deciding if it may be appropriate to suspend a sentence?

Prospect of rehabilitation Strong personal mitigation Custody would result in harmful impact to others

Is prison capacity a factor in suspending sentences?

Yes, it will be considered

Where two or more sentences are to be served consecutively, can they be suspended?

No, unless the aggregate term does not exceed two years

Can a prison sentence and a suspended sentence be imposed on the same occasion?

Can a community order and a suspended sentence be imposed on the same occasion?

Can a fine and a suspended sentence be imposed on the same occasion?

Yes, but it is usually improper

What types of sentence will usually be imposed with a suspended sentence?

Ancillary provisions such as compensation orders, restitution orders, or deprivation orders

What will the court usually impose with suspended sentences?

Community requirements, such as unpaid work, rehab, etc

What happens when an offender breaches a requirement with a suspended sentence for the second time?

The court may order the suspended sentence is to take effect A fine of max £2,500

What are ancillary orders?

Orders which force the accused to pay for the prosecution costs

How much payment of prosecution costs should the court order?

The payment of an amount that it consider just and reasonable

What must the court consider before making a prosecution costs payment order?

Whether it is just and reasonable Whether the offender has the means and ability to pay Eg- won't make an offender pay if on benefits

What guidelines does ex party Dove give on prosecution cost orders?

Should never exceed the sum which D is able to pay, having regard to his means Purpose is to compensate the prosecutor and not to punish D Should not be grossly disproportionate to any fine imposed

What is a surcharge?

A costs order that is normally imposed with a sentence Usually a compensation order

What is a compensation order?

An order that requires the offender to pay compensation for any personal injury, loss or damage resulting from the offence OR Funeral expenses, bereavement

Can a compensation order be made with a discharge?

Yes

Can a compensation order be made with custody?

Yes, where the offender is clearly able to pay on release from custody

Where it would be appropriate to impose both a fine and a compensation order, but the offender lacks the means, what is best to make?

The court will always give preference to a compensation order

Can a compensation order stand alone as a sentence?

Yes But will usually be combined

What is a forfeiture order?

An order for the deprivation of property connected with the commission of an offence It changes the property ownership

When will the court make a forfeiture order?

Where they are satisfied that the property has been used for committing or facilitating the commission of an offence OR Was intended by the offender to be used for that purpose

What do the forfeiture order powers not extend to?

Real property, ie, houses

What are examples of property made in a forfeiture order?

Drug money Cars

What is a confiscation order?

An order to recover from the D a sum of money made from proceeds of crime

What must be held in making a confiscation order?

A confiscation hearing is mandatory The court will then determine if the D has benefitted from criminal conduct

What is a confiscation hearing?

It is a mandatory hearing for a confiscation order The court will determine if the D has benefitted from criminal conduct, and the value of the benefit

What are the exceptions to a confiscation order?

Where civil proceedings are anticipated Where the order would be disproportionate

Which courts have the power to make a confiscation order?

ONLY Crown Court If the MC wishes to make a confiscation order, they must commit them to Crown Court

Can a confiscation order be made against a deceased defendant?

What are the three sentences for dangerous offenders?

Required life sentence Extended sentence Serious terrorism sentence

What must be found to impose a dangerous offender sentence?

A finding that the offender is dangerous They must pose a significant risk to the public of serious harm with further offences

What are "specified offences" under the dangerous offenders provision?

Violent, sexual or terorism offences

What are the section 19 specified offences?

Carry a max imprisonment for life Must cause serious harm though death or serious injury

What is the custodial sentence for a third conviction for Class A drugs?

Mandatory minimum 7 years imprisonment, unless there are exceptional circumstances

Can an accused be considered as a dangerous offender, even without previous convictions?

Yes As long as the judge concludes that the accused poses a significant risk of serious harm to the public

What is the test for determining whether a suspended sentence can be passed?

Same test for custodial sentence Court must be satisfied that the offence is so serious that neither a fine alone nor a community sentence can be justified

Do the MC have the power to make a confiscation order?

Is a confiscation order hearing mandatory?

Not always, only when the prosecution apply