Topic 20- Sentences Pt 2 Flashcards
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
Can under 21s be sentenced to imprisonment under any circumstances?
They cannot be sentenced to imprisonment
They can be remanded in custody
What is the maximum term for an offence which has no specified term?
Maximum two years
Does not apply to common-law offences
What is the minimum sentence for imprisonment by Magistrates Court?
5 days minimum for summary only
What is the maximum sentence for imprisonment by Magistrates Court?
6 months max for summary only
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
If there are two or more summary only offences convicted, what is the max sentence by MC?
Max is 6 months for aggregate term
If there are two or more either way offences convicted, what is the max sentence by MC?
12 months max for aggregate term
What is the maximum imprisonment sentence for common assault?
Max 6 months
What is the maximum imprisonment sentence for criminal damage?
Max three months
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
If an offender has failed to express willingness to comply with a community order, what may the court do?
Pass a custodial sentence instead
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
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
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
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
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
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
What is credit period?
This is the amount of time spent on bail which then counts towards a curfew sentence
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
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
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
What is a consecutive sentence?
Where two sentences run one after the other
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
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?
No
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?
No
Can a community order and a suspended sentence be imposed on the same occasion?
No
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?
No
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
