Unit 19 - Custodial Sentencing Flashcards
What does it mean for a court to consider an offender ‘dangerous’?
They are considered a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.
What are ‘specified offences’, under the Sentencing Code?
Violent, sexual or terrorism offences listed in SA 2020, Schedule 18.
All have maximum sentences of at least two years.
What is a ‘schedule 19’ offence?
A specified offence with a maximum sentence of life imprisonment.
What is serious harm, under the Sentecing Act?
Death or serious personal injury, physical or psychological.
TRUE or FALSE. SA 2020 section 308 (dangerousness provision) is relevant when considering applications for life sentence for second listed offence.
FALSE.
When does s308 (dangerousness) apply?
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.
What must the court consider during its dangerousness assessment?
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.
What is a ‘significant risk’ under dangerousness?
Noteworthy, of considerable amount of importance.
More than a possibility.
TRUE or FALSE. Pre-sentece reports should not be used for dangerousness assessments.
FALSE. They SHOULD be.
TRUE or FALSE. A first-time offender can never qualify for dangerousness.
FALSE. They can.
Why should sentencers be careful when reaching a finding of dangerousness in relation to young people?
Young people are more impulsive, responsive to sentences and more likely to change.
Is ‘information’ relevant to dangerousness consideration restricted to ‘evidence’? Why?
No.
It can include information adverse to D but which was not proved by a criminal court.
Define custodial sentence as per the Sentencing Code.
(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.
Offenders under 21 cannot be sentenced to imprisonment. TRUE or FALSE.
TRUE.
This does not prevent their committal to prison if remanded in custody, committed in custody for sentence or sent in custody for trial.
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?
Two years (except for common-law offences).
What is the minimum custodial sentence in the Mags?
Five days
What is the maximum custodial sentence in the Mags
Six months for a single offence (subject to statute);
Aggregate term for TEW offences (12 months)
Can the mags order someone to be imprisoned at a police-station/court-house until 8pm on the day of the order?
Yes, so long as they aren’t deprived of reasonable opportunity to return home on the same day.
The court must not pass a custodial sentence unless it is of the opinion that:
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!
What can the court do if D fails to express willingness to comply with a community order requiring such consent (eg drug rehab)?
Pass custodial sentence.
For the purposes of the Sentencing Code, an offence is associated with another if:
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.
Custodial sentences must be for the shortest term commensurate with:
Serious of the offence/combination of offences.
TRUE or FALSE. The number of days for which D was remanded in custody counts as time served as part of an eventual sentence.
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.
TRUE or FALSE. Credit periods for qualifying curfew conditions require order of the court.
TRUE.
What are the steps for calculating credit periods for curfew?
- Work out the number of days where bail condition applied;
- Deduct number of days where they were electronically monitored;
- Deduct days where they were breaking conditions;
- Divide result by 2;
- Round up to nearest whole number.
If a court fails to state if two sentences are consecutive or concurrent, they are treated as..
…concurrent.
Concurrent sentences will ordinarily be appropriate where:
Offenecs arise from same facts;
Serious of offences of the same or similar kind, especially when committed against the same person.
Consecutive sentences usually appropriate where:
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.
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?
Two thirds of sentence.
Two-thirds, but only if satisfied that it is no longer necessary for public protection.
Murder sentences:
Aged 21 or over?
Under 21?
Under 18?
Life imprisonment;
Custody for life;
Detention at her Majesty’s pleasure
Where a person is convicted of a Class A drug trafficking offence, when will the court impose a minimum 7 year sentence?
18 or over
2 other relevant drug convictions, which were separate;
UNLESS:
- Particular circumstances would make it unjust in all the circumstances.
For offences under s313, the court may not impose a sentence which is less than…
…80% of the minimum sentence specified.
What is the minimum mandatory sentence for the third domestic burglary?
Three years, unless circumstances are such to make it unjust.
Suspended sentences are avilable for determinate custodial sentences of not more than…
…two years.
Which factors suggest that a suspended sentence is not appropriate?
‘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’.
Is absence of a guilty plea good reason to not consider a suspended sentence?
No.
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…
…the aggregate of the two terms does not exceed two years.
Suspended sentences should be imposed alongside immediate prison sentences.
No.
Suspended sentences be imposed on offenders currently serving imprisonment.
No.
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?
No.
Can a suspended sentence be combined with a discharge?
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.
Can compensation orders be given alongide suspended sentence?
Yes.
Can restitution orders be given alongside suspended sentence?
Yes.
Can deprivation orders be given alongside suspended sentences?
Yes.
Do suspended sentences need community requirements?
No, but it is usual.
What must a court consider when issuing requirements with a suspended sentence?
Whether the requirements are compatible with each other.
What is a warning re community requirement of suspended sentence?
A warning that breach is unacceptable and, if done again, they may bring them before the court.
What powers does the court have re breach of community requirement?
Sentence takes effect;
Sentence takes effect but with a lesser term;
Fine not exceeding£2,500;
Amend community requirements.
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?
It must do so, unless of the opinion that it would be unjust in all the circumstances.
State its reasons.I
