Types of Sentences - Custodial Flashcards
When is imprisonment used as a sentence?
If the offence is so serious that neither a fine nor a community order is justified
What are used to determine seriousness and sentence length?
The Sentencing Guidelines
What are determinate custodial sentences?
A fixed prison term (e.g. 6 weeks, 12 months, 3 years)
What are the two ways in which custodial sentence can run?
Concurrent and Consecutive
What is a concurrent sentence used for?
Offences arising from same events
What is a consecutive sentence used for?
Distinct offences requiring separate punishment
What is the Magistrates’ Court sentencing power limit?
6 months for one offence, 12 months for two or more
What is the Crown Court sentencing power limit?
Statutory max for each offence
What is the total of two 12 month sentences running concurrently?
12 months
What is the total of two 12 month sentences running consecutively?
24 months
What is done with time spent on remand?
Automatically deducted from sentence
Could electronic monitored curfew count as time served?
If at least 9 hours per day, can be under courts discretion
What is a suspended sentence?
A prison sentence imposed but not immediately served – D will go if they breach the terms
What is the limit of suspending a sentence for Magistrates’ and Crown Court?
1) Magistrates’ - 14 days and 6 months
2) Crown court - 14 days and 2 years
What is the structure of a suspended sentence?
1) Custodial term (length of prison sentence imposed)
2) Operational period (period sentence is suspended)
What are mandatory minimum sentences?
Applicable to certain repeated offences
What are the mandatory minimum for third class A Drug Trafficking offence?
7 years
What is the mandatory for a third domestic burglary of a dwelling offence?
3 years
What is the mandatory for second possession of a weapon?
6 months
What is an extended determinate sentence?
Used for violent, sexual or terrorism offences. Offender must be dangerous. License period is extended.
What is the maximum extended period for violent offences, sexual offences and terrorism?
Violent – up to 5 years
Sexual and terrorism – up to 8 years
Are life sentences mandatory or discretionary?
Can be either / or.
What has a mandatory life sentence?
Murder
What are whole life orders?
For most serious murderers – the offender will never be released
What are discretionary life sentences?
Certain offences (rape, robbery) allow for life sentence
