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Criminal Litigation > Unit 19 - Custodial Sentencing > Flashcards

Unit 19 - Custodial Sentencing Flashcards

1
Q

What does it mean for a court to consider an offender ‘dangerous’?

A

They are considered a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.

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2
Q

What are ‘specified offences’, under the Sentencing Code?

A

Violent, sexual or terrorism offences listed in SA 2020, Schedule 18.

All have maximum sentences of at least two years.

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3
Q

What is a ‘schedule 19’ offence?

A

A specified offence with a maximum sentence of life imprisonment.

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4
Q

What is serious harm, under the Sentecing Act?

A

Death or serious personal injury, physical or psychological.

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5
Q

TRUE or FALSE. SA 2020 section 308 (dangerousness provision) is relevant when considering applications for life sentence for second listed offence.

A

FALSE.

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6
Q

When does s308 (dangerousness) apply?

A

Where an offender has committed a specified offence and there is a significant risk to public of serioius harm occasioned by the commission by the offender of further specified offences.

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7
Q

What must the court consider during its dangerousness assessment?

A

All information available to it about the nature and circumstances of the offence;

May consider all nature and circumstances of offences D has been convicted of around the world;

May use information of a pattern of behaviour of which the relevant offences form part;

Take into account any information about the offender which it has before it.

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8
Q

What is a ‘significant risk’ under dangerousness?

A

Noteworthy, of considerable amount of importance.

More than a possibility.

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9
Q

TRUE or FALSE. Pre-sentece reports should not be used for dangerousness assessments.

A

FALSE. They SHOULD be.

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10
Q

TRUE or FALSE. A first-time offender can never qualify for dangerousness.

A

FALSE. They can.

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11
Q

Why should sentencers be careful when reaching a finding of dangerousness in relation to young people?

A

Young people are more impulsive, responsive to sentences and more likely to change.

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12
Q

Is ‘information’ relevant to dangerousness consideration restricted to ‘evidence’? Why?

A

No.

It can include information adverse to D but which was not proved by a criminal court.

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13
Q

Define custodial sentence as per the Sentencing Code.

A

(a) a detention and training order under section 233,
(b) a sentence of detention under Chapter 2 of this Part,
(c) a sentence of detention in a young offender institution,
(d) a sentence of custody for life under section 272 or 275, or
(e) a sentence of imprisonment.

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14
Q

Offenders under 21 cannot be sentenced to imprisonment. TRUE or FALSE.

A

TRUE.

This does not prevent their committal to prison if remanded in custody, committed in custody for sentence or sent in custody for trial.

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15
Q

Where a person is convicted on indictment for an imprisonable offence, but the sentence is not limited to a specified term, what is the maximum prison sentence?

A

Two years (except for common-law offences).

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16
Q

What is the minimum custodial sentence in the Mags?

A

Five days

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17
Q

What is the maximum custodial sentence in the Mags

A

Six months for a single offence (subject to statute);

Aggregate term for TEW offences (12 months)

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18
Q

Can the mags order someone to be imprisoned at a police-station/court-house until 8pm on the day of the order?

A

Yes, so long as they aren’t deprived of reasonable opportunity to return home on the same day.

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19
Q

The court must not pass a custodial sentence unless it is of the opinion that:

A

The offence, or the combination of offences, is so serious that neither a fine alone nor a community sentence can be justified for the offence;

OR mandatory sentencing!

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20
Q

What can the court do if D fails to express willingness to comply with a community order requiring such consent (eg drug rehab)?

A

Pass custodial sentence.

21
Q

For the purposes of the Sentencing Code, an offence is associated with another if:

A

D is convicted of it in the same proceedings in which they are convicted of the other; or

D is sentenced at same time; or

D admits committing it whilst being sentenced for another and asks court to consider that.

22
Q

Custodial sentences must be for the shortest term commensurate with:

A

Serious of the offence/combination of offences.

23
Q

TRUE or FALSE. The number of days for which D was remanded in custody counts as time served as part of an eventual sentence.

A

TRUE, subject to:

If D was also detained in connection with another matter, that day does not count as time served (as a day served only counts towards ONE sentence);

A day is not to count as time served as part of any automatic release period served by D.

DOES not require order of the court.

24
Q

TRUE or FALSE. Credit periods for qualifying curfew conditions require order of the court.

A

TRUE.

25
Q

What are the steps for calculating credit periods for curfew?

A
  1. Work out the number of days where bail condition applied;
  2. Deduct number of days where they were electronically monitored;
  3. Deduct days where they were breaking conditions;
  4. Divide result by 2;
  5. Round up to nearest whole number.
26
Q

If a court fails to state if two sentences are consecutive or concurrent, they are treated as..

A

…concurrent.

27
Q

Concurrent sentences will ordinarily be appropriate where:

A

Offenecs arise from same facts;

Serious of offences of the same or similar kind, especially when committed against the same person.

28
Q

Consecutive sentences usually appropriate where:

A

Offences arise from unrelated facts;

Offences similar by overall criminality not sufficiently reflected by concurrent sentences;

One of the sentences has a statutory minimum but concurrent sentences would improperly undermine that.

29
Q

For custodial sentences for specified violent or sexual offences for which maximum is life and sentences is over seven years, when is the automatic release point?

What about terrorism offences?

A

Two thirds of sentence.

Two-thirds, but only if satisfied that it is no longer necessary for public protection.

30
Q

Murder sentences:

Aged 21 or over?

Under 21?

Under 18?

A

Life imprisonment;

Custody for life;

Detention at her Majesty’s pleasure

31
Q

Where a person is convicted of a Class A drug trafficking offence, when will the court impose a minimum 7 year sentence?

A

18 or over
2 other relevant drug convictions, which were separate;

UNLESS:
- Particular circumstances would make it unjust in all the circumstances.

32
Q

For offences under s313, the court may not impose a sentence which is less than…

A

…80% of the minimum sentence specified.

33
Q

What is the minimum mandatory sentence for the third domestic burglary?

A

Three years, unless circumstances are such to make it unjust.

34
Q

Suspended sentences are avilable for determinate custodial sentences of not more than…

A

…two years.

35
Q

Which factors suggest that a suspended sentence is not appropriate?

A

‘offender presents a risk/danger to the public’;

‘appropriate punishment can only be achieved by immediate custody’ and

‘history of poor compliance with court orders’.

The factors indicating that it may be appropriate to suspend a custodial sentence are:

‘realistic prospect of conviction’;

‘strong personal mitigation’ and

‘immediate custody will result in significant harmful impact on others’.

36
Q

Is absence of a guilty plea good reason to not consider a suspended sentence?

A

No.

37
Q

Where two or more sentences are to be served consecutively, the power to suspend sentence is not exercisable in relation to any of the sentences unless…

A

…the aggregate of the two terms does not exceed two years.

38
Q

Suspended sentences should be imposed alongside immediate prison sentences.

A

No.

39
Q

Suspended sentences be imposed on offenders currently serving imprisonment.

A

No.

40
Q

Can a court passing a suspended sentence impose a community order in respect of that offence, or any other offence being dealt with by the court?

A

No.

41
Q

Can a suspended sentence be combined with a discharge?

A

Not when sentencing for a single offence, but it can be given for one offence where suspended sentence was passed in respect of another offence sentenced on the same occasion.

42
Q

Can compensation orders be given alongide suspended sentence?

A

Yes.

43
Q

Can restitution orders be given alongside suspended sentence?

A

Yes.

44
Q

Can deprivation orders be given alongside suspended sentences?

A

Yes.

45
Q

Do suspended sentences need community requirements?

A

No, but it is usual.

46
Q

What must a court consider when issuing requirements with a suspended sentence?

A

Whether the requirements are compatible with each other.

47
Q

What is a warning re community requirement of suspended sentence?

A

A warning that breach is unacceptable and, if done again, they may bring them before the court.

48
Q

What powers does the court have re breach of community requirement?

A

Sentence takes effect;

Sentence takes effect but with a lesser term;

Fine not exceeding£2,500;

Amend community requirements.

49
Q

What is the test for activating a sentence following breach of community order?

If the court does not activate a suspended sentence following a breach, what must it do?

A

It must do so, unless of the opinion that it would be unjust in all the circumstances.

State its reasons.I

Criminal Litigation (18 decks)

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