Custodial sentences

• 1.custodial sentences

  • most serious punishment
  • ranges from a few weeks - life imprisonment
  • s221-s232 sentencing act 2020 - custodial sentences should only be given if the offence is serious tat a fine/ community sentence cannot be justified
  • prisoners first held in a 'dispersal' prison for 14 days, transferred to relevant category prison
  • custodial sentences either mandatory/ discretionary life sentence, fixed term sentence or suspended sentence
• 2. community order

  • s201 of the sentencing act 2020 - outlines the one order wherein courts can combine requirements they think is necessary
  • requirements:

  1. unpaid work - offenders must work 300-400 hours on a suitable project organised by probation service - painting buildings
  2. prohibited activity - allows wide variety of activities to be prohibited, prevents offenders committing another/ similar type of crime, often forbidden to go into certain areas where trouble caused
  3. curfew - offender ordered to remain at fixed address for 2-16 hour, can last 6 months and may be enforced by electronic tagging, curfew can be monitored by spot-checks and satellite technology to track those who are tagged
• 3. fines

  • can be imposed for any offence except murder
  • most common in magistrates
  • the victims surcharge - D must pay £15 towards victims and witness service
• 4. discharge

  • conditional discharge

  1. courts discharges offenders on the basis that no further offence is committed
  2. if breached, D can be sentenced for both offences

  • absolute discharge

  1. no penalty imposed
  2. likely used where offender is technically guilty but morally blameless