Types Of Sentences

Question 1

What act created the Sentencing Council and what is its role?

Answer 1

The Coroners and Justice Act 2009 created the Sentencing Council, which issues Sentencing Guidelines for the courts.

Question 2

What is a custodial sentence?

Answer 2

A sentence of imprisonment, given for the most serious crimes.

Question 3

When is a mandatory life sentence given and what does it involve?

Answer 3

Given only for murder; the judge sets a minimum term before release on licence. In serious cases, a whole life order may be given.

Question 4

What is a discretionary life sentence and when is it used?

Answer 4

For serious crimes like manslaughter; life imprisonment is the maximum, but the judge has discretion not to impose it.

Question 5

What is an extended determinate sentence and which act introduced it?

Answer 5

Introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, it’s a sentence combining at least 12 months in custody with an extended licence period in the community for violent or sexual offences.

Question 6

Give an example of a minimum sentence.

Answer 6

Dealing 5kg or more of Class A drugs with a leading role has a minimum 12-year sentence.

Question 7

What is a suspended sentence?

Answer 7

A custodial sentence that is not served immediately unless the offender reoffends within a set period. Used only in exceptional circumstances.

Question 8

What is a fixed-term sentence?

Answer 8

A custodial sentence with a specific maximum length, e.g., up to 6 months for assault.

Question 9

What is a Home Detention Curfew?

Answer 9

A curfew of up to 16 hours a day, monitored by electronic tagging, used as part of early release or a sentence.

Question 10

What act governs Community Orders and how many requirements can they include?

Answer 10

Section 177 Criminal Justice Act 2003; they can include one or more of 14 requirements.

Question 11

Give 4 examples of requirements that may be included in a Community Order.

Answer 11

1. Unpaid Work (up to 300 hours)
2. Curfew (up to 16 hours a day)
3. Drug/Alcohol Treatment
4. Residence Requirement

Question 12

What is the difference between a fine and a compensation order?

Answer 12

A fine is paid to the court; a compensation order is paid directly to the victim.

Question 13

What are the two types of discharge and when are they used?

Answer 13

Absolute discharge: No further action
Conditional discharge: Further action only if reoffending occurs