Types of Sentences

Question 1

What are the 3 main types of Sentences?

Answer 1

(1) Custodial
(2) Suspended
(3) Community

Question 2

When the court is deciding whether to issue a ‘Custodial Sentence’:
(1) What is the name of the Threshold it must consider?
(2) What is this Threshold?
(3) Even if this Threshold is met must a custodial sentence be given?

Answer 2

(1) ‘Custodial Threshold’
(2) Offence ‘SO SERIOUS’ that a non-custodial sentence CANNOT be justified
(3) NO - discretionary

Question 3

What is the maximum Custodial Sentence that the Magistrates’ Court can give:
(1) 1 Summary-only
(2) 2 or > Summary-only
(3) 1 Either-Way
(4) 2 or > Either-Way

Answer 3

(1) 6 months
(2) 6 months (in total)
(3) 12 months
(4) 12 months (in total)

Question 4

What is the maximum Custodial Sentence that the Magistrates’ Court can give:
(1) 1 Summary-only
(2) 1 Either-Way

Answer 4

(1) 6 months
(2) 12 months

Question 5

What type of sentence must an offender convicted of / pleads guilty to Murder be given?

Answer 5

Mandatory Life Sentence

Question 6

What is a ‘Suspended Sentence’?

Answer 6

Offender receives a Custodial Sentence BUT is nto sent to prison

Question 7

For a ‘‘Suspended Sentence’ to be given, how long must the Custodial Sentence be between?

Answer 7

14 days and 2 years

Question 8

When a court is deciding whether to suspend a custodial sentence (i.e. give a suspended sentence) what are 4 key factors they will consider?

Answer 8

(1) RISK to public?
(2) PERSONAL MITIGATION?
(3) Prospects of REHABILITATION
(4) History of COMPLIANCE with Court Orders

Question 9

What are the 2 ways an Offender can breach a ‘Suspended Sentence’?

Answer 9

(1) Breach a REQUIREMENT
(2) CONVICTED new offence (NOT charged / suspected)

Question 10

What are the 3 outcomes if an Offender breaches a ‘Suspended Sentence’

Answer 10

(1) ACTIVATE full custodial sentence
(2) ACTIVIATE a shorter custodial sentence
(3) Fine Max £2,500

Question 11

(1) What is the main alternative ‘Non-Custodial Sentence’ a court may give to a person ?
(2) What are 2 examples?

Answer 11

(1) Community Order
(2)
(a) Rehabilitation programme
(b) Unpaid work / Community Service

Question 12

What circumstances can a court give a ‘Community Order’

Answer 12

Offence punishable by IMPRISONMENT

Question 13

If a ‘Community Order’ is breached what is the FIRST action taken and by whom?

Answer 13

(1) ‘Warning’ given
(2) By Probation Officer

Question 14

If the offender has breached a ‘Community Order’ in the past 12 months, what are the 3 actions the Court MAY take if there is a second breach?

Answer 14

(1) AMEND Order (e.g. extend / add new condition)
(2) REVOKE Order + RESENTENCE
(3) FINE max £2,500

Question 15

What type of Hearing will occur after (1) a D pleads GUILTY but (2) Factual dispute between P and D

Answer 15

Newton Hearing

Question 16

Under what 2 circumstances will a NEWTON HEARING occur?

Answer 16

(1) D pleads GUILTY but
(2) Factual dispute between P and D