the types of sentence

• a custodial sentence is the most serious punishment that a court can impose. custodial sentences for adults can range from a short period to life imprisonment. the different types are:

  1. mandatory life sentences
  2. discretionary life sentence
  3. fixed term sentences
  4. suspended sentences
• Custodial sentences are meant to be used only for serious offences, as confirmed by section 152 of the criminal justice act 2003 that states, "The court mustnt pass a custodial sentences unless it is the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.".
• The only sentence that a judge can impose for murder convictions is a life sentence; however, after imposing the life sentence, the judge must set the minimum number of years of imprisonment that the offender must serve before being eligible for release on license.
• Aggravating factors that can increase the minimum term ordered by a judge, for a mandatory life sentence, include whether the victim was particularly vulnerable because of age or disability, or any other mental or physical suffering inflicted on the victim before death.
• Mitigating factors that can decrease the minimum term ordered by a judge, for a mandatory life sentence, include that the offender had an intention to cause grievous bodily harm instead of an intention to kill, a lack of premeditation or that the offender acted to some extent in self-defense.
• A further type of mandatory life sentence was introduced by section 122 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. it states that if an offender who is 18 or older commits a second serious offence, the court must impose a life sentence on the offender. these would include sections 18 and 20 of the Offences against the person act 1861 or robbery.
• A whole life order is imposed for an offence of murder where the sentencing judge decides that the offender is so dangerous that they should never be released from prison.
• When sentencing an offender, the judge will impose a minimum term of imprisonment that has to be served- this is called the tariff period. At the end of the tariff period, it is decided by the parole board whether the offender is fit for release back into the community, and they will consider:

  1. whether the offender admits the crime
  2. Whether the offender is considered to still be a danger
  3. The offender's behaviour during the tariff period.
• If an offender is deemed fit for release from a custodial sentence, this will be subject to conditions such as where they will live, what jobs they can take, wearing a tag, and who they associate with. this is called being released on license.
• For offenders who were sentenced to a whole life term, licence conditions will remain for the rest of their lives. if they breach any of the terms of their license, then they can be brought back to prison for a further term of imprisonment.
• for the comission fo a seriouis offence, such as manslaughter, rape, or robbery, the maximum sentence set by statute is life imprisonment however thew jduge doesn't need to impose this. the judge has discretion in sentencing and can choose to give any sentence less than the maximum.
• for other less serious crimes, the maximum length of the sentence will again be set by statute for a fixed term. The sentence imposed by a judge or magistrate will depend on several factors, such as:

  1. seriousness of the offence
  2. the defendant's previous record
• The length of a sentence can be increased if it is racially or religiously aggravated. only defendants over the age of 21 can be given a sentence of imprisonment. prisoners do not serve the whole of the sentence passed by the court:

  1. anyone who is sent to prison is released on licence after serving at least half of their sentence
  2. For terrorism offences, the offender is released on licence after serving two thirds of their sentence.
• Being released on licence must be approved by the parole board, and may be subject to conditions such as residence and the nmeedd to report to the police station or probation service,
• A suspended sentence of imprisonment is one where the offender will only serve the custodial period if there is a breach of one or more terms of terms of the suspension.

  1. the prison sentence can only be between fourteen days and two years
  2. the period of suspension can be between six months and two years
• The idea around a suspended sentence is that the threat of prison during this period of suspension will deter the offender from committing further offenses. if the offender complies, then they will into serve any of the term of imprisonment, but the sentence is activated should they not comply with the terms of suspension.
• A suspended sentence is only given where the offence is serious enough to warrant an immediate custodial sentence however, fore exceptional circumstances, there is reason to suspend the sentence.
• A communitythinks order can be imposed when the judge or magistrate think that the offence is not serious enough to warrant imprisonment.
• The Criminal Justice Act 2003 created a community order under which the court can combine any requirements that are thought to be necessary.
• The full list of requirements available to the courts in a community sentence is set out in section 177 of the Criminal Justice Act 2003, it states that if someone is 18 years or more and is convicted, the court can impose one or more of the following requirements:

  1. unpaid work requirements
  2. Rehabilitation activity requirements
  3. a programme requirement
  4. curfew requirement
  5. exclusion requirement
  6. residence requirement
  7. mental health treatment
  8. drug rehabilitation treatment
  9. alcohol treatment
  10. electronic monitoring requirement
• Under section 170 of the criminal justice act:

  1. drug/alcohol rehabilitation treatments are ordered because much hcrime is linked to drug and/or alcohol abuse and the idea is to tackle the cause of crime
  2. programme requirements force the offender to undertake an educational or practical course- e.g. one in relationship building for an offender found guilty of domestic violence
  3. the time and length of the restriction is set together with conditions such as not contracting witnesses#mental health treatments is also aimed att he cause of the offender's behaviour
• Fines are the most common sentences imposed in the magistrate court. when deciding on the amount of a fine, thew court will take int account the offender's income and assets.
• A conditional discharge means that the court discharges an offender on the condition that they commit no further offence during a set period of up to 3 years. if an offender reoffends during the time limit, then the court can impose another sentence in place of the condition discharge in addition to a new penalty for the offense. conditional discharges are widely used by the magistrate's courts for first time minor offenders.
• An absolute discharge means that effectively, no penalty is imposed. This sentence is often used for offenders who are technically guilty but morally blameless.