types

• What is the most serious punishment that a court can impose?

  Custodial sentence
• What are the 4 types of custodial sentences?

  • Mandatory life sentence
  • Discretionary life sentence
  • Fixed-term sentence
  • Suspended sentence
• What is a mandatory life sentence?

  The only sentence that a judge can impose for murder. But the judge can state the minimum years that must be served before release.
• What is a discretionary life sentence?

  For serious offences, other than murder, such as s 18 OAPA, where the maximum sentence is life but this doesn't have to be imposed.
• What is a fixed-term sentence?

  This is for other offences where the length of the sentence depends on factors like the maximum sentence available for that crime, the seriousness of the offence, and the offender's previous record.
• What is a suspended sentence?

  Where the sentence doesn't take effect immediately. The court will fix a time during which the sentence is suspended which is up to 2 years.
• What are the 4 types of requirements of community orders?

  • Unpaid work
  • Prohibited activity
  • Curfew requirement
  • Supervision requirement
• What does the unpaid work requirement involve?

  It requires the offender to work for between 40 and 300 hours on a suitable project organised by the probation service.
• What does the prohibited activity requirement involve?

  It requires activities to be prohibited to prevent the offender from committing another offence of the type they have been convicted of.
• What does the curfew requirement involve?

  The offender can be ordered to remain under a fixed address for between 2 to 16 hours in a 24-hour period. This can last up to 6 months and may involve tagging.
• What does the supervision requirement involve?

  The offender is placed under the supervision of a probation officer for a period of up to 3 years.
• What is the most common way of disposing of a case in the Magistrate's Court?

  Issuing fines.
• How often are fines issued in the Crown Court?

  Only a small percentage of offenders are dealt with by way of a fine.
• How is the fine usually paid?

  The offender is ordered to pay the fine at a set rate each week.
• What are the 2 types of discharges?

  • Conditional charge
  • Absolute charge
• What is a conditional discharge?

  Where the court discharges an offender on the conditions that no further offence is committed during a set period of up to 3 years. If reoffending occurs within the time limit, the court can then impose another sentence in turn.
• When is a conditional charge used?

  Where it's thought that the punishment is not necessary.
• What is an absolute discharge?

  Where no penalty is imposed.
• When is an absolute charge used?

  Where the offender is effectively guilty but morally blameless. This is not often used.
• What are the 3 other powers of the court?

  • Disqualifying the defendant from driving for a certain length of time.
  • Compensation orders
  • Forfeiture order
• What is a compensation order?

  The court can order the offender to pay a sum of money to the victim for the crime.
• What is a forfeiture order?

  The certain property in the possessions of the offender is taken from them.