Types Of Sentencing Flashcards
What is the most common type of sentence given?
Fines are the most common types of sentences given to offenders by the Courts. The maximum fine in the Magistrates Court is £5000 because their jurisdiction is limited unlike the Crown Court which have unlimited powers so they can issue any amount of fines.
What requirements have to be met for Community sentences ?
Both the Crown and Magistrates Court can pass community orders
There are 12 requirements set out.
A condition that could be attached is an unpaid work requirement, this cannot be more than 12 months e.g working in a charity shop
Another requirement is an “Exclusion” requirement this involves excluding an offender from a certain area where it is likely they may commit more crimes
Another requirement may be “Curfews” where the offender is required to be at his home within certain hours and is monitored by an electronic tag
Community orders may mix and match to the offenders needs as pointed by a judge
Give me the 2 types of discharges:
Absolute discharges: incurs where there’s no penalty given to offender because the experience of going to court has been a punishment enough
-no more actions will be taken against the offender, no penalty will be imposed
Conditional discharges: means that no penalty will be imposed on the offender, on the condition that no further offences are committed during a specified time, up to 6 months, if the offender does commit another offence within that period then they will be sentenced for the 1st crime and the new one
-ensures the offender will not be punished unless they commit another offence within a set period of time
What is a custodial sentence?
A custodial sentence is where the offender goes to prison. The maximum the Magistrate court can impose is 6 months, in Crown court is life imprisonment
What are the 2 types of life sentences?
Mandatory life sentences: the judge HAS to give a life sentence
Discretionary life sentences: allow the judge the OPTION to choose whether a life sentence is appropriate
What is a fixed term sentence?
This is a sentence where the offender is given a set number of years/months to serve in custody however it is usual that the offender will only serve half of the fixed term and will be released on license for the other half
-if the offender doesn’t meet the terms of the license or commits a further offence they can be recalled to prison for all of the sentence
What is a suspended sentence?
This is a sentence where the offender receives a prison sentence but does not go to prison rather it is served in a community service these include:
- doing unpaid work
- being subject to a curfew
- undertaking a treatment program e.g. drugs
- finally being subject to a rehab program
If the offender in that period of time does not comply with the requirements are is convicted of another offence during that period they will serve the original sentence as well as their new sentence
What is a non-custodial sentence?
Non-custodial sentence is a sentence that does not require the offender to go to prison but rather In which the offender does have to fulfil that particular conditions after probation, if the offender commits an offence with them that period then the judge can impose the original sentence to be served in addition to the new offence committed
Types of custodial sentences?
- Suspended sentences
- Fixed term sentences
- Life sentences
What are the types of non-custodial sentences?
Non-custodial sentences include double:
- Fine
- probation orders/Community services
- conditional and absolute discharges
