Types of Sentencing Flashcards
Which acts set out the sentences available to offenders ?
The Criminal Justice Act 2003, and The Crime and Disorder Act
What are the different types of sentences available ? (4)
-Custodial
-Community
-Fines
-Discharges
What are the different types of Custodial sentences ?
1.Mandatory life sentence
2.Whole life order
3.Discretionary life sentence
4.Fixed term sentences
5.Suspedned sentences
What is the ruling for Mandatory life sentences ?
Minimum term to be served before release on licence ranges from whole life down to 12 years
What is the ruling for Whole life orders ?
Similar to a mandatory life sentence, this is given when the sentencing judge decides that an offender is so dangerous that they should never be released from prison. (murder of a child, murder involving abduction, or murder with sexual, political, religious, racial motive)
What is the ruling for Discretionary life sentences ?
Life sentence, however, the judge has discretion in imposing a lesser sentence if it is more appropriate.
What is the ruling for Fixed term sentences ?
This is for a set number of months or years, but offenders are automatic release on licence after half sentence is
served, and is only available to over 21 year olds. However the length of the sentence can be increased if it is racially or religiously aggravated.
What is the ruling for Suspended sentences ?
Between 14 days and 2 years can be given, however, the sentence only has to be served if the offender commits further offences with the period of suspension which can be between six months and two years.
What are the different types of Community sentences ?
- Unpaid work requirement
2.Prohibited activity requirement
3.Curfew requirement - Exclusion requirement/Supervision requirement
5.Drug rehabilitation requirement
What is the ruling on Unpaid work requirements
40-300 hours (litter picking, conservation projects)
What is the ruling on Prohibited activity requirements
Forbidden from going to a certain area, or from carrying out certain behaviour
What is the ruling on Curfew requirements
Between 2-16 hours in a 24 hour period, for up to 6 months (reinforced by an electronic tag)
What is the ruling on Exclusion requirements and Supervision requirements ?
For up to 3 years, the offender is put under the supervision of a probation officer and they must attend meetings with their supervising probation officer (promoting the offender’s rehabilitation.)
What is the ruling on Drug rehabilitation requirements ?
Alcohol treatment requirement with an Attendance Centre requirement ( if under 25, Residence requirement and a Mental health treatment requirement))
What are the two types of discharge ?
- Conditional
- Absolute
What is a conditional discharge ?
Discharged from court and as long as no further crimes are committed within a 3 year period. However, should the offender commit a further crime then they be sentenced for the first crime and the new one too.
What is an absolute discharge ?
No penalty is being imposed by the courts. The offender is technically guilty but morally blameless. Some form of punishment must be given and so this allows the offender to be sentenced but not punished.
What is stated about fines ?
Most common sentences in the Magistrates court, but very few receive a fine in the Crown Court, however, 70% of offenders are fined. And in regards to sentencing, when deciding the amount of a fine the courts must take into account the income and assets of the offender.
What is the chart for deciding the amount of a fine, in regards to sentencing ?
Level 1- Max £200
Level 2- £500
Level 3- £1000
Level 4- £2500
Level 5- Unlimited *
What are the other unrelated sentences a judge may give ?
-Compensation Orders
-Disqualification from driving
-Forfeiture order
What was defined in the 2020 update regarding types of sentencing ?
The Sentencing Act 2020 came into force on 1 Dec 2020. The Act contains ‘Sentencing Code’ to provide a single ref point for the law on sentencing adults and young offenders. The Sentencing Code is concerned with the sentencing procedure and does not introduce any new law or change any sentences above.
