custodial sentence available for adult offenders

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Cards (9)

What Act states out the type of offences that can have a custodial sentence?
S.152 of the Sentencing Act 2020 where it says a custodial sentence can only be passed if an offence is so 'serious neither a fine or community service can be satisfied'.
How long can a custodial sentence range from?
A Week to Life Imprisonment.
What do the Custodial sentences include?
Mandatory life sentence
Discretionary life sentence
Fixed-Term sentence
Minimum term sentence
Suspended sentence
Describe the Mandatory life sentence?
The Sentencing act 2020 governs the minimum term and gives judges a start for the minimum period to be ordered, depending on the case.
s.283 Sentencing act 2020 imposes a mandatory life sentence for adults over 21 who commit a second listed offence, to protect the public
Describe the discretionary life sentence?
Gives the Judge the discretion to give a lesser sentence or maximum sentence however it isn't mandatory.
As long as it is within the guidelines.
For example, S.18 of the offences against the Person Act 1861 has a maximum sentence foe lifeimprisoment.
What is the section & Act example of discretionary life sentence?
S.18 of the offences against a Persons act 1861
what are the factors of fixed-term sentence?
Seriousness of the offence
defendants previous criminal record
maximum sentence of the crime (But the Judge cannot go beyond the MAX sentence)
Describe the Suspended sentence?
S.286 Sentencing Act 2020, states that an offender can be given a sentence but it doesn't go into immediate effect, it is suspended for a fixed time.
MAX 2 years or 6 months (magistrates court).
If the offender does commit any more crimes in this time their sentence will of been SERVED.
But if they do then the sentence is ACTIVATED and served alongside their new sentence.
What are two examples of the minimum sentence?
Minimum 7 years for third Class a drug offence
Minimum 3 years for third domestic burglary offence