Types of Sentences [Sentencing] Flashcards
Custodial Sentence [Paragraph 1]
The first is a custodial sentence, which is the most serious and highest level of sentence as it deprives the defendant (D) of their liberty. Under s152 Criminal Justice Act 2003, the court should only impose a custodial sentence ‘if the offence is so severe that neither a fine alone nor a community sentence can be justified’.
Suspended/Fixed-Term Sentence [Paragraph 1]
The judge can give a suspended sentence, where the offender’s period of imprisonment is suspended for 1-2 years. They may be asked to complete some community work and if they commit a further offence, then they will serve the rest of their sentence in custody in addition to any sentence imposed for the further offence.
The judge may also serve a fixed-term sentence where the D will serve a set amount of time imprisoned and the D will be released on licence automatically half way through their sentence. This is available to all offences except murder.
Community Sentence [Paragraph 2]
The second is a community sentence, which aims to fit the individual needs of the offender. The requirements, set out under s177 Criminal Justice Act 2003, are determined by the seriousness of the offence, the offender’s risks and needs. This may include unpaid work, of 40-300 hours supervised by the Probation Service, exclusions, where D is prohibited rim entering a specific place, or attendance of a programme, such as anger-management or driver training. Community orders are imposed in 13% of cases each year and require D’s consent.
Fines [Paragraph 3]
The third are fines, which, according to the Home Office, are imposed in 71% of cases. It must reflect the seriousness of the offence, the circumstances of the case and the D’s finances. They are most commonly given in the Magistrates Court, which can give a maximum of £5000, but can also be given in the Crown Court, which doesn’t have a maximum. They are given in 90% of motoring offences and around 30% of indictable cases.
Discharges [Paragraph 4]
The last are discharges, which are only given in 8% of cases when punishment is seen as unnecessary. They can be an absolute discharge, meaning D will not be given a criminal record and no further action will be taken, or a conditional discharge, meaning D will have a criminal record but no action will be taken as long as D doesn’t commit a further offence.
