types of sentences

• What are custodial sentences?

  D is placed in prison and deprieved of freedom; most serious sentence
• What does S1(2) CJA 2003 says when custodial sentences should be used?

  if the offence is so serious that only this sentence is justified
• What sentence is given for murder?

  mandatory life sentence
• According to CJA 2003 what can the mandatory life sentence range from?

  full life sentence down to 12 years
• When will a full life sentence be given?

  murder of a child, abduction / sexual motive, murder for political, racial, religious, sexual orientation reasons
• What is a discretionary life sentence?

  carries a maximum life snetence eg S18 OAPA 1861; sentence with a fixed length of anything up to life
• What are fixed term sentences?

  judge sets no. of years and months but D only serves half
• Where is the remaining half spent? (fixed term sentences)

  out of prison on licence with conditions supervised by a probtion officer
• What are suspended priosn sentences?

  D does not go to prison unless he re-offend within a maxmimum of 2 years
• What are community orders?

  sentences served within the community
• What does the CJA 2003 says about what a judge can do with orders on community orders?

  make any combinations of orders to suit D
• What is unpaid work?

  40-300 hours of unpaid work in the community eg: cleaning, gardening
• What is prohibited activity?

  D is not allowed into certain areas or have certain items
• What is curfew?

  D must remain at a specified address between certain times eg: 7pm-7am
• What is supervision?

  D is placed under the supervision of a probation officer
• What are fines?

  D is ordered to pay money to court; most common form of sentence
• What is the maximum fine the magistrates can give?

  £5000
• What must be taken into account of Ds for fines?

  D income and must not be excessive in comparison
• What are the 2 types of discharges?

  absolute and conditional
• What are absolute discharges?

  D is free to go without conditions
• What rae conditional discharges?

  D is free to go but must not re-offend as he will be brought before the court for sentence again
• What are the types of custodial sentences?

  mandatory life sentence, discretionary life sentence, fixed term sentence, suspended prison sentence