Types of sentences Flashcards

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1
Q

What are the four main options for sentencing?

A

-Prison sentences
-Community orders
-Fines
-Discharges

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2
Q

What are custodial sentences

A

A sentence of imprisonment for a period of time set by the court

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3
Q

What are non-custodial sentences?

A

An alternative to a prison sentence. This could involve a fine or a requirement to do community services

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4
Q

What ARE custodial sentences?

A

-used for the most serious offences
-vary in length, e.g., a few weeks or a whole life sentence
-Young offenders should only be given them as a last resort and if they are, they should be kept separate from adult
prisoners
-A court must state its reasons for imposing a custodial sentence and if it’s the Magistrate’s Court, the reason must be
written on a warrent of commitment and entered onto the court register

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5
Q

What is the sentencing act 2020?

A

Sections 221-232: govern custodial sentences including definitions, limits and powers the courts must impose these sentences on offenders

Sections 230: states that court must not pass a custodial sentence

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6
Q

In what case should a mandatory life sentence be set?

A

When the offence is extremely serious, e.g.

-Murder of 2 or more peop;e
-Murder of a child
-Murder done with political, racial or religious incentitives

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7
Q

Which cases have a mandatory life sentences with a starter of 30 years?

A

-Murder of a police/prison officer
-Murder using a fire arm/explosive

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8
Q

Which cases have a mandatory life sentences with a starter of 30 years?

A

-Murder of a police/prison officer
-Murder using a fire arm/explosive

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9
Q

Which act does mandatory life sentences link to?

A

The Legal Aid, Sentencing and Punishment of Offenders Act (LAPSO) 2012:

A judge can impose a mandatory life sentence for a second violent or sexual crime

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10
Q

What is a discretionary life sentence?

A

The judge has the discretion to give a life sentence for other serious offences such as manslaughter, rape and robbery.
However, the judge doesn.t have to impose this sentence and can choose to give a lesser one

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11
Q

What’s a fixed term sentence?

A

Prison sentence is set for a set number of years
Most prisoners are released after serving half of the sentence, the rest can be served in the community of licence

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12
Q

What are extended sentences?

A

Section 254 of the Sentencing Act 2020 gives the sentencing court the power to pass an extended for a sexual or violent offence
The extension period cannot exceed 10 years for a sexual offence or 5 years for a violent offence

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13
Q

What are non-custodial sentences?

A

Those that do not include imprisonment, such as discharges, fines and community orders

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14
Q

What are the non-custodial sentences?

A

-Fines
-Charges
-Community orders
-Unpaid work
-Curfew requirement
-Drug rehabilitation
-Attendance centre
-Prohibited activity

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15
Q

What are fines?

A

-The most common sentence given by the courts
-The magistrates’ court can give a max £5000 to an individual and a max £20,000 to a business
-Section 118-132 of the Sentencing Act 2020

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16
Q

What are discharges?

A

-Condition discharges: no further action will be taken unless a further offence is committed (5.80 of the Sentencing Act 2020)

-Absolute discharge: no further action is taken at all. Very rarely used as a sentence (5.79 of the Sentencing Act 2020)

17
Q

What is unpaid work?

A

-The offender must work between 40 and 300 hours on a projecgt organised by the probation service
-The hours are fixed by the court and are served in 8 hour shifts

18
Q

What are curfew requirements?

A

-The offender is ordered to remain at a fixed address for between 2 and 16 hours in a 24 hour period
-It can be enforced through electronic tagging

19
Q

What is drug rehabilitation?

A

-This provides the offender with fast access to a drug treatment progamme and aims to reduce drug-related offending
behaviour
-The offender is given a treatment plan lasting between 6 months and 3 years

20
Q

What is an attendance centre?

A

-The offender spends between 12 and 36 hours at one of these centres over a set period of time
-It’s an opportunity to address the offending behaviour in a structured group setting

21
Q

What is prohibited activity?

A

-Prevents the offender from taking part in a number of activities
-The aim is to prevent the offender from committing another similar crime