types of sentence - (non - custodial)

• In which courts can a bind over be imposed?

  Magistrates' court and the Crown Court
• What is the most common type of sentence given by the courts?

  Fines
• What is the purpose of a pre-sentence report before imposing a Community Order?

  To assess the suitability of the requirements
• What are the possible consequences of breaching a Community Order?

  Amending the order, fining up to £2,500, or revoking the order
• What is the summary of the powers of the magistrates' court and Crown Court regarding different types of sentences?

  • Bind over: Yes in both courts
  • Absolute discharge: Yes in both courts
  • Conditional discharge: Yes in both courts
  • Fine: Yes, subject to statutory maximum in both courts
  • Community order: Yes in both courts
• What distinguishes a bind over from other sentencing options?

  A bind over can be imposed without a guilty plea or trial
• Why is an absolute discharge typically imposed?

  To reflect the triviality of an offence or special factors
• What must the court do before imposing a fine?

  Enquire about the defendant's means
• What are the components of the first part of sentences under SA 2020?

  • Absolute and conditional discharge
  • Fines
  • Compensation orders
  • Disqualification
  • Forfeiture, deprivation of property
  • Restitution and restoration
  • Orders for offenders aged under 18
  • Community orders
  • Youth rehabilitation orders
• What are the components of the second part of sentences under SA 2020?

  • Discretionary custodial sentences
  • Life sentences
  • Suspended sentence of imprisonment
  • Detention for offenders aged under 18
  • Minimum sentences for particular offences
  • Dangerous offenders
  • Detention for adults aged under 21
  • Non-custodial sentences
• What happens if a person breaches the peace after being bound over?

  They must pay the monetary sum they were bound over for
• What are the types of non-custodial sentences considered in SA 2020?

  • Bind over
  • Absolute discharge
  • Conditional discharge
  • Fines
  • Community order
• What is the maximum fine that can be imposed in the Crown Court?

  No upper limit
• What must the court consider before making a Community Order?

  The seriousness of the offence
• What is a conditional discharge according to S 80 SA 2020?

  A discharge with a condition attached
• What can happen if an offender breaches a Community Order again?

  Breach proceedings must be instituted against the offender
• What are some requirements that can be included in a Community Order?

  • Unpaid work requirement
  • Rehabilitation activity requirement
  • Programme requirement
  • Prohibited activity requirement
  • Curfew requirement
  • Exclusion requirement
  • Residence requirement
  • Foreign travel prohibition requirement
  • Mental health treatment requirement
  • Drug rehab requirement
  • Alcohol treatment requirement
  • Alcohol abstinence and monitoring requirement
  • Attendance centre requirement
  • Electronic monitoring requirement