Unit 3 Custodial Sentence Flashcards
What does a custodial sentence include?
i. a sentence of imprisonment (not including committal for contempt of court);
ii. a sentence of custody for life;
iii. a sentence of detention;
iv. a sentence of detention in a YOI;
v. a detention and training order.
At what age can offenders be sentenced to imprisonment?
Offenders over the age of 21 at the date of conviction
Can offenders under 21 be committed to prison?
NO!
But a person under 21 can be:
-remanded in custody,
- committed in custody for sentence,
- or sent in custody for trial
Max prison terms for indictable
and either-way offences are almost
always laid down by statutes
creating those offences. True or False?
True!
What is the maximum prison that a MC can impose for a summary offence?
6 Months
What is the minimum prison that a MC can impose for a summary offence?
5 days
What is the maximum prison that a MC can impose for a either way offence?
12 months
What is the maximum prison sentence for this situation:
Where a person is convicted on
indictment (in Crown Court) of an
offence under statute, and is liable to
imprisonment, but the enactment
does not specify a specific term of
life
12 months
Are common-law offences submit to any maximum prison sentence limitation?
NO!
the penalty which may be imposed by Crown
Court is not subject to any limitation (except that it must be proportionate to the offence
committed).
A magistrates’ court having power to imprison a person may instead order detention within the precincts of the court-house or at any police station until such hour, not later than 8 p.m. on the day on which the order is made, as the court directs (MCA 1980, s. 135(1)). Such order shall not operate to deprive the person of a reasonable opportunity of returning home on the same day (s. 135(2)).
The court may only pass a custodial sentence when offence pass the _______ threshold
Custodial
When passing a custodial sentence, the court must be satisfied that the offence is so serious that neither ______________ can be justified for the offence.
a fine alone nor a community sentence
Should custody be the first consideration of the court?
NO!
Custody is the last resort!
Under Section 230(4), the court may pass a custodial sentence on an offender who has failed to express willingness to comply with a requirement which the court proposes to include in a community order and where the requirement requires an expression of such willingness. Requirements which require the offender’s expression of willingness to comply are a mental health treatment requirement, a drug rehabilitation requirement and an alcohol treatment requirement.
Where the offender stands convicted of two or more offences the court, in deciding whether custody is justified under the SA 2020, s. 230(2), must consider the seriousness of the sum of the offences, provided that these are ‘associated’ with one another
For the purposes of associate offences, what is the definition of associated offences
1) If is Convicted OR Sentenced for the two offences at the same time
2) the offender admits the commission of the offence in the proceedings in which he is sentenced for the other offence, and requests the court to ‘take it into consideration’ in sentencing him for that offence.
cases about custodial sentences/associated offences
- In Baverstock [1993] 2 All ER 32, D was dealt with for two offences; the second having been committed while D was on bail in respect of the first. D was sentenced for the two offences on the same occasion; hence, they were ‘associated’ for the purposes of s. 400.
- It is clear from the case of Godfrey (1993) 14 Cr App R (S) 804 that, where a sentencer is sentencing for a new offence and at the same time revokes a community sentence which had earlier been passed on D and resentence for that offence, or where the sentencer passes a sentence for an offence in respect of which a conditional discharge had earlier been granted, the new offence and the earlier offence are associated offences.
- In Crawford (1993) 98 Cr App R 297, it was held that, where D had been committed to the Crown Court in respect of an offence of theft which placed him in breach of a suspended sentence imposed for an earlier offence of theft, the two offences were not associated offences. Crawford was followed and applied in Cawley (1994) 15 Cr App R (S) 25. Where D has been convicted in respect of a number of ‘sample counts’, any offences not included in the indictment, nor taken into consideration, are not ‘associated offences’ (Canavan [1998] 1 Cr App R (S) 79; Hartley[2011] EWCA Crim 1957, [2012] 1 Cr App R (S) 28 (166)). See further D20.56.
Is this an associated offence:
the offender had been committed to
the Crown Court for an offence
which placed him in breach of a
suspended sentence imposed for an
earlier offence.
NO!
Is this an associated offence:
Where an offender is convicted for a
number of charges which are
represented as ‘sample counts’ +
offences which are not included in
the indictment, nor formally taken
into consideration, are not associated
offences.
NO!
Is this an associated offence:
Where, a sentencer is passing sentence for a
new offence, and at the same time:
Passes a sentence for an offence in
respect of which a conditional
discharge had earlier been granted
(because it was breached by
committing the new offence).
yes!
Is this an associated offence:
Where, a sentencer is passing sentence for a
new offence, and at the same time:
Passes a sentence for an offence in
respect of which a conditional
discharge had earlier been granted
(because it was breached by
committing the new offence).
yes!
In regards to the length of the custodial sentence, what should the court ensure?
that sentence should be as short as possible to achieve the goals of that sentence
- this does not apply to:
- sentence fixed by law or carries life sentence
Under Section 240ZA , does the time spent remanded in custody prior to sentence counts towards sentence?
yes!
This is automatic
Under Section 240ZA , what kind of sentence does this apply to?
This is when the the time spent remanded in custody prior to sentence counts towards the length of sentence?
- to sentences of imprisonment,
- detention in a young offender institution,
- detention under s. 250 or s. 252A,
- custodial sentences for certain offenders of particular concern,
and extended sentences of imprisonment or detention.
Under Section 240ZA , what kind of sentence does this not apply to?
This is when the the time spent remanded in custody prior to sentence counts towards the length of sentence?
detention and training order
so this should be considered by a judge - if the time spent in custody should be count towards the length of sentence?
Under Section 240ZA, what is considered as a day?
This is when the the time spent remanded in custody prior to sentence counts towards the length of sentence?
A day counts as time served:
(a) in relation to only one sentence; and
(b) only once in relation to that sentence
This means that if he was also detained in
connection with any other matter then that day does not count as time served.
When can the court credit Periods of Bail Spent Subject to a Qualifying Curfew towards the length of sentence?
If a D has been on BAIL with a CURFEW CONDITION, which was
(1) at least 9hrs/ day; AND
(2) under an electronically monitoring condition
then they are entitled to credit
towards their sentence.
is the crediting Crediting Periods of Remand in Bail (with a Curfew Condition) automatic?
NO!
the court MUST expressly
order that the time under curfew counts as time served. (i.e. is compulsory,
must be taken off).
What classes as a day for Crediting Periods of Remand in Bail (with a Curfew Condition)?
Each day on bail (where the above conditions applied, i.e. curfew, 9hrs/day,
electronically monitored) is calculated as equal to HALF a day serving a
prison sentence, and rounded up to the nearest whole number.
- Any days on which the curfew was breached does not count;
- nor do any days on which the offender was also subject to any requirement
of electronic monitoring of a curfew requirement or was on temporary
release.
How to calculate Crediting Periods of Remand in Bail (with a Curfew Condition)?
Step 1
add (a) the day on which the offender’s bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and (b) the number of other days on which the offender’s bail was subject to these conditions (but exclude the last of those days if the offender spends the last part of it in custody).
Step 2
deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also (a) subject to any requirement of securing the electronic monitoring of the offender’s compliance with a curfew requirement, or (b) on temporary release under rules made under the Prison Act 1952, s. 47.
Step 3
deduct from the remainder the number of days during that remainder on which the offender has broken either or both of the conditions.
Step 4
to divide the result by two, and
Step 5
if necessary, to round up to the nearest whole number.
