Types of Sentences - Non-Custodial Flashcards
What does the Sentencing Act 2020 categorise into two parts?
1) Non-custodial sentences
2) Custodial sentences
What is included in non-custodial sentences?
- Discharge
- Fines
- Compensation orders
- Disqualification
- Forfeiture & deprivation of property
- Restitution and restoration
- Orders for offenders under 18
- Community orders
- Youth rehabilitation orders
What is included in custodial sentences?
- Discretionary custodial sentences
- Life sentences
- Suspended sentences
- Detention for offenders under 18
- Minimum sentences for certain offences
- Sentencing dangerous offenders
- Detention for adults under 21
What are the types of non-custodial sentences?
1) Bind over
2) Absolute discharge
3) Conditional discharge
4) Fines
5) Community order
What is a bind over?
If a D breaches the peace, they forfeit a monetary sum set by the court
What is the unique feature of a bind over?
Can be imposed without a guilty plea, trial or even after acquittal
Is bind over limited to a D?
No, it can also be imposed on a witness
Which court can impose a bind over?
Magistrates’ and Crown
What is an absolute discharge?
No punishment at all
When is absolute discharge used?
Offence is very trivial, circumstances of prosecution are unusual, or special factors regarding the offender
What is a conditional discharge?
No immediate punishment, but with a condition attached
What is condition of a conditional discharge?
If D commits another offence in specified period, will be re-sentenced for both
What is maximum limit of conditional discharge?
3 years
Who can impose a discharge?
Magistrates’ and Crown
What is the most common type of sentence?
A fine
Who can impose a fine?
Both Magistrates’ and Crown
What is the limit of a fine for Crown Court?
No upper limit
What is the limit of a fine for Magistrates’ Court?
1) Level 1 - £200
2) Level 2 - £500
3) Level 3 - £1000
4) Level 4 - £2500
5) Level 5 – unlimited
When is a fine due?
Immediately, unless court allows instalments
What can a fine not be combined with?
- Hospital order
- Discharge
What if D fails to pay fine?
- Offender can be brought back to court
- As last resort, may be imprisoned
What is the assessment the court takes on deciding fine?
A means form (income and outgoings)
How old must a youth be for community order?
18
What is the max duration of a community order?
3 years
What must be obtained before imposing community order?
A pre-sentence report
What is a requirement for community order?
One of the community order requirements must apply
What are community order requirements list?
1) Unpaid work requirement
2) Rehabilitation activity requirement
3) Programme requirement
4) Prohibited activity requirement
5) Curfew requirement
6) Exclusion requirement
7) Residence requirement
8) Foreign travel prohibition
9) Mental health treatment requirement
10) Drug rehabilitation requirement
11) Alcohol treatment requirement
12) Alcohol abstinence and monitoring requirement
13) Attendance centre requirement
14) Electronic monitoring requirement
What is the unpaid work requirement limit?
40-300 hours of unpaid work under Probation supervision within 12 months
What is the curfew requirement limit?
Up to 16 hours a day, max 12 months
What is the exclusion requirement limit?
Max 2 years
What is the foreign travel prohibition limit?
Max 12 months
What is the alcohol abstinence and monitoring requirement limit?
Must abstain from alcohol for up to 120 days
What is the attendance centre requirement age limit?
18-24 years old
What is the consequences of breaching a community order on first breach?
A warning
What is the consequences of breaching a community order on second breach?
- Breach proceedings begin
- Offender can admit or deny
- If denied, court holds trial
What are the court’s option for breach?
- Make stricter
- Fine up to £2,500
- Revoke order and re-sentence
- Extend community order by up to 6 months
What happens if there is a persistent breach of community order?
Court can impose custodial sentence for up to 6 months
