Sentencing

• Types of sentences - Custodial

  Mandatory life sentence = For murder. Judge can set a minimum period then release early. Crime involving children such as abduction and rape or hate crime can constitute to a mandatory life.
• Types of sentences - custodial

  • Discretionary life sentence:Section 18 Offences Against the Person Act 1861 permits maximum life but does not have to impose. Gives larger sentence where appropriate. For certain serious offences a life sentence is issued for a second offence.
• Types of sentencing - Custodial

  • Fixed term sentence = Set number of months/years for imprisonment. Prisoners do not serve the whole sentence passed, automatically released after serving half of the sentence, anyone over the age of 21 can be imprisoned.
• Types of sentencing - custodial

  • Suspended sentence = Sentence does not take effect immediately, if offender commits a crime during the period a sentence is suspended then the sentence is activated. Should only be given when the case is more serious than a custodial.
• Prison population

  • An increase in prisoners such that there are not enough prison places. Overcrowding leads to riots. 20,000 daily prisoners in 1951 has since increased to 85,000 in 2016.
• Community order sentence

  • Unpaid work requirement:Requires an offender to work 40 to 300 hours on a suitable project organised by probation, hours fixed by court to be completed usually at weekends. Such as paint schools, build play centres, conservation projects.
• Community order sentence

  • Prohibited activity requirement:Prevents defendant from committing another crime of the type he has just been convicted of, often forbidden to go into a certain area where they have previously caused trouble, can be banned from carrying or wearing certain items.
• Community order sentence

  Curfew requirement:

  Under curfew, defendant must remain at a fixed address between 2 to 16 hours a day. Lasts up to 6 months and can be done by electronic tagging. Can only be done if there is monitoring within the area, such as spot checks or satellites.
• Community order sentence

  Supervision requirement:

  Placed under supervision of a probation officer for a period of up to 3 years. During this period, the offender must attend appointments with supervising officers, or any other person decided upon.
• Fines

  • Most common way in disposing of a case in the Magistrates' Court. In Crown Court, only a small percentage are dealt with by a way of fine. Usually the offender is ordered to pay the fine at a set rate each week.
• Discharges

  • Conditional (Magistrates or 1st time offenders) Court discharges an offender on condition no further offence is committed during a set period of up to 3 years, used when punishment is not necessary. If an offender reoffends within a time limit, the court can impose a sentence in place of conditional discharge as well as a new imposing offence.
  • Unconditional (absolute discharge) No penalty is imposed, where the defendant is guilty but morals blameless.
• Other powers of the courts

  • Disqualifying the defendant from driving for a certain length of time, used for car theft and drink driving.
  • Compensation order, the court can order for the offender to pay a sum of money to the victim.
  • Forfeiture order which orders that certain property in the possession of the offender be taken from them, such as spray paint if they are involved in criminal damage where spray paint is involved