Types of Sentencing Flashcards
Mandatory Life
Only for murder
Judge states minimum number of years before parole
Life on license
Released at parole on license
License means certain conditions
Discretionary Life
Some carry a maximum sentence of life, but judge has discretion, can go up to but also less
Fixed term sentence
Given a set prison term sentence
Could be released halfway through for good behaviour
Extended Sentence
sentencing act 2020, s.255
Court has power to pass sentence for sexual or violent offence
Fixed custodial + liberty with license
Minimum sentence
Time judges must impose and not go below
Suspended Sentence
Court sets prison sentence but offender doesn’t serve it
Has to have good behaviour
Not reoffend
s.201 Community Orders
- Unpaid work requirement
* Curfew requirement
* Electronic monitoring requirement
* Exclusion requirement
* Drug rehabilitiation requirement
* Alcohol treatment requirement
* supervision requirement
* A residence requirement
Bans
Driving
travel abroad
football stadiums
Fines
Common at magistrates
Max £5,000
Take into personal situation
Discharge
Conditional - Discharged and cant do any in future, if reoffend, charged for both
Absolute - No penalty at all
s.230 Sentencing act 2020 custodial sentences
Only for most serious offences where “neither a fine alone nor community service can be justified”