Types of sentences Flashcards
What are the four main options for sentencing?
-Prison sentences
-Community orders
-Fines
-Discharges
What are custodial sentences
A sentence of imprisonment for a period of time set by the court
What are non-custodial sentences?
An alternative to a prison sentence. This could involve a fine or a requirement to do community services
What ARE custodial sentences?
-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
What is the sentencing act 2020?
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
In what case should a mandatory life sentence be set?
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
Which cases have a mandatory life sentences with a starter of 30 years?
-Murder of a police/prison officer
-Murder using a fire arm/explosive
Which cases have a mandatory life sentences with a starter of 30 years?
-Murder of a police/prison officer
-Murder using a fire arm/explosive
Which act does mandatory life sentences link to?
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
What is a discretionary life sentence?
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
What’s a fixed term sentence?
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
What are extended sentences?
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
What are non-custodial sentences?
Those that do not include imprisonment, such as discharges, fines and community orders
What are the non-custodial sentences?
-Fines
-Charges
-Community orders
-Unpaid work
-Curfew requirement
-Drug rehabilitation
-Attendance centre
-Prohibited activity
What are fines?
-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