Types Of Sentencing 8/13

Question 1

What are the 2 acts?

Answer 1

• Criminal Justice Act 2003
• Crime and Disorder Act

Question 2

What are the types of custodial sentence?

Answer 2

1. Mandatory Life = maximum term served before released on licence, full life terms for murder of a child involving abduction/sexual/political/racial motive
2. Discretionary Life = for other serious offences, judges imposes a lesser sentence
3. Fixed Term Sentence = released on licence after serving half of sentence
4. Suspended Sentence = don’t go to prison providing no further crimes in next 2yrs

Question 3

Types of community sentence?

Answer 3

1. Unpaid Work Requirement = 40-300 hrs e.g. litter picking
2. Prohibited Activity Requirement = can’t go to certain area/do a certain thing
3. Curfew Requirement = 2-16hrs a day, max 6 months, enforced via electronic tag
4. Exclusion Requirement, Supervision Requirement = max 3yrs, under supervision of probation officer, attend appointments with them, promotes rehabilitation
5. Drug Rehabilitation* Requirement = alcohol treatment requirement, attendance centre requirement

Question 4

Types of discharge

Answer 4

1. Conditional = discharged providing no further crimes in next 3yrs, if they do then serve sentence for both crimes
2. Absolute = no penalty imposed, offender is technically guilty but morally blameless

Question 5

Fines

Answer 5

• Maximum fine in Mags is £5,000
• No max amount in Crown but not issued often

Question 6

Other powers of the court

Answer 6

• Compensation order
• Disqualification from driving
• Forfeiture order