Types of sentences Flashcards

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1
Q

4 types of sentences?

A

Custodial
Conditional
Fines
Discharges

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2
Q

What is a custodial sentence?

A

Prison time

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3
Q

What are the 4 custodial sentences?

A

Mandatory life sentences
Discretionary life sentences
Fixed time sentences
Suspended sentences

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4
Q

What is a mandatory life sentence?

A

Only one available for murder if over 18. Minimum term served life - 12 years

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5
Q

What is it called if the offender is never being released and when is it used?

A

Whole life order. If the offender is so dangerous - murder of a child or sexual, racial motive etc - they’ll never be released.

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6
Q

What is a discretionary life sentence?

A

Used for other serious crimes - manslaughter - but the judge has discretion in imposing a lesser sentence.

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7
Q

What is a fixed term sentence?

A

Set for a number of months or years but offenders are automatically released on licence after half. Only if over 21.

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8
Q

What is a suspended sentence?

A

Between 14 days - 2 years. Only served if another offence is committed. Serves new and old sentence.

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9
Q

What are the 5 community services?

A

Unpaid work
Prohibited activity
Curfew
Supervision
Drug rehabilitation

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10
Q

The CJA 2003 created one generic Community order which allows what?

A

The court can combine any requirement they think necessary. Anyone over age of 16.

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11
Q

What is unpaid work?

A

40 - 300 hours e.g litter picking

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12
Q

What is prohibited activity?

A

Forbidden from a certain area or behaviour.

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13
Q

What is curfew?

A

Between 2 - 16 hours in a 24 hour period. Max 6 months. Usually electronic tag.

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14
Q

What is supervision?

A

Supervision of a probation officer. Max 3 years and must attend appointments.

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15
Q

What is drug rehabilitation?

A

Drug rehabiliation requirement.
Attendance centre requirement.
If under 25:
Residence and mental health treatment.

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16
Q

What are the types of discharges?

A

Conditional
Absolute

17
Q

What is a conditional discharge?

A

Discharged from court as long as no further crimes in 3 years. If commit another offence serves new and old sentence.

18
Q

What is an absolute discharge?

A

No penalty. D is guilty but morally blameless. No punishment but has to be sentenced. ( free no strings attached )

19
Q

What are the levels of fine?

A

Level 1 - £200
Level 2 - £500
Level 3 - £1000
Level 4 - £2500
Level 5 - Unlimited

20
Q

What are the other powers of the courts?

A

Disqualified from driving
Compensation order