Types of sentence Flashcards
What is a Bind Over?
Paying a specified sum if they recommit offence, even in cases of acquittal.
This serves as a financial deterrent against reoffending.
What are the types of non-custodial sentence? (x5)
- Bind over
- Absolute discharge
- Conditional discharge
- Fines
- Community Order
When migh an Absolute Discharge be given?
For a trivial offence.
What is a Conditional Discharge?
If D commits another offence during specified period, they can be re-sentenced for original.
What is the maximum specified period for a conditional discharge?
3 years
What is the upper limit for fines in the Crown Court?
No upper limit.
Can fines be imposed alongside other penalties?
Yes, except for a hospital order or discharge.
What is required for a Community Order to be imposed?
The court must not make a community order unless it is of the opinon that the offence was serious enough to warrant the making of such an order.
What is the maximum duration for a Community Order?
Three years.
What are some requirements that may be included in a Community Order?
- Unpaid work/rehabilitation requirement
- Programs
- Curfew
- Prohibited activities
- Exclusion
- Rehabilitation
- Abstinence
- Mental health treatment
- Foreign travel prohibition
- Electronic monitoring
What must the court consider when imposing requirements alongside a community order
- at least one requirement imposing a punitive element (unless there is a fine, or it is unjust)
- multiple requirements must be compatible
- requirements must avoid conflict with offender’s religious beliefs and work/education
- can consider any period spent on remand or electrically monitored curfew when determining restrictions on liberty
What happens in case of a breach of a Community Order?
Will be brought back to court and then:
- order can be amended
- or fined up to £2,500
- or re-sentenced (if custodial, must be for more than 6 months)
When can custodial sentences be imposed?
The court must not pass a custodial sentence unless the offence was so serious that neither a fine nor a community order could be justified
What are the types of custodial sentence?
- determinate custodial sentence
- suspended determinate custodial sentence
- minimum sentences for some offences
- extended determinate sentences
- mandatory life sentence for murder
- other statutory life sentences
What is a determinate custodial sentence?
In prison for a defined amount of time (you will be released after you have spent 50% of your sentence in prison)
What is the maximum sentence the magistrates’ court can impose for a summary only offence?
The maximum is 6 months.
What is the maximum sentence for a single either way offence in magistrates’ court?
The maximum is 12 months.
What is the maximum sentence for two or more either way offences in magistrates’ court?
The maximum is 12 months.
What powers does the Crown Court have regarding imprisonment?
The Crown Court has unlimited powers of imprisonment subject to the statutory maximum for each offence.
How is time served in custody relevant for a custodial sentence?
If D has been remanded in custody prior to sentence, this time is counted towards the sentence.
What is a suspended sentence?
This is made up of three stages:
1. Custodial term -how long they would have received if it were not suspended
2. Operational period - how long it is suspended for (must be between 6 months and 2 yrs)
3. Supervision Period - how long D must be supervised for (must be equal or shorter than the operational period)
What is the minimum custodial sentence for a third Class A drugs offence?
The minimum custodial sentence is seven years unless it would be unjust to do so.
What is the minimum custodial sentence for a third domestic burglary?
The minimum custodial sentence is three years.
What are Extended Determinate Sentences (EDS)?
When the court has found that the offender is dangerous.
What is extended in an Extended Determinate Sentence?
The licence period is extended, not the period of custody.
What is the maximum term for an Extended Determinate Sentence?
The overall term of an EDS cannot exceed the maximum term permitted for the offence.
When can a prisoner apply for parole under an Extended Determinate Sentence?
A prisoner is eligible to apply for parole at the 2/3 point of the custodial term and must be released at the end of the term.
What is a mandatory life sentence for murder?
The court will fix a minimum term. If released, the D remains on licence for life.
What is a whole life order?
It applies to the most serious cases of murder and means they will never be released from prison.
What are Statutory Life Sentences?
They apply to dangerous offences or a second very serious offence that may result in imprisonment for life.
These are at the court’s discretion c.f murder
