Types Of Sentencing For Adults Flashcards
What are the 6 custodial sentences?
Interment sentence Custodial sentence Mandatory life sentence Minimum sentence Fixed term sentences Extended sentence
What are the 2 types of discharges
Absolute discharge- no penalty
Conditional discharge- penalty discharged if no further offence is committed
Can magistrates impose unlimited fines?
No they cannot, maximum of £5000 for individuals and £20000 for businesses.
What is the limit for the crown court in regards to fine someone?
There isn’t one, it is unlimited.
What is the problem with fines?
Some people cannot pay them so only good if people can pay
What is a community order?
This is where the D is not given a custodial sentence instead has to pay back damage in another way
What act created community sentences
Criminal justice act 2003
What does a D has to do on a community service order?
Unpaid work
Curfews
Alcohol/ drug treatment
Activities etc
What is a home detention order?
Person released from prison is allowed home under conditions
What act created the home detention curfew?
Crime and disorder act 1998
How is the home detention curfew beneficial?
Allows early releases of prisoners, free up prisons
What is a fixed term sentence?
In prison for a certain amount of time
Are there any age limits to having a fixed term sentence?
Yes, under 21
What does the length of sentence for fixed term sentences depend on?
Seriousness of crime
Previous convictions
Maximum offence for that crime
What is an extended sentence?
A sentence of suspension added on to a custodial sentence
In what cases is a extended sentence used?
In cases which have a sexual, violent nature to them
What is a minimum sentence?
It is where the D serves the minimum sentence for one particular offence they committed
What is a mandatory life sentence and for what cases in particular?
Only for murder cases
Sentence can be given as a whole life tariff or minimum sentence
What is a interment(weekend) sentence?
Person is imprisoned for the weekend
Could include community orders in the week
What is a suspended sentence?
D does not serve custodial sentence, receives a period of suspension ranging from 6 to 24 months
What happens if the D commits an offence whilst on a suspended sentence?
They will be tried for both offences
