AO1 - Types of Sentencing for Adult Offenders

• There are four types of sentencing: custodial, community, fines, discharges
• 1. Custodial sentences (prison)

  • Under the Criminal Justice Act 2003, a custodial sentence should only be passed if the crime is 'so serious' that only a custodial sentence is 'justified.' The courts must state their reason for imposing a custodial sentence as this will remove a person's liberty
• Types of custodial sentences: (1)

  • Mandatory life sentences - Judge states minimum years the D must serve until they are released on licence, it can range from a full life to a minimum term of 15 years
  • Discretionary life sentences - Available for serious offences but the judge does not have to give it, they have a choice
  • Fixed term sentences - Length of imprisonment is for a set number of months or years, a judge pays attention to the minimum sentence for that crime
• Types of custodial sentences: (2)

  • Suspended sentence - A term of imprisonment is set between 14 days and 2 years but suspended between 6 months and 2 years, if no further offences have been committed then the defendant will not serve the sentence
  • Home detention curfew - Live outside of prison providing they don't breach the rules of their curfew, also known as house arrest
  • Extended sentences - Custodial sentences plus a period of license
  • Minimum sentences - The law sets a minimum sentence for certain crimes
• 2. Community orders

  • Criminal Justice Act 2003 introduced a community order for offenders over the age of 16, it allows the offender's needs to be met and can rehabilitate them, it can last for up to three years ad has a maximum of 4 requirements that need to be met
• Requirements of community orders set out under s.177 CJA 2003:

  • Unpaid work - Between 40 and 300 hours on a project organised by the probation service
  • Supervision requirement - Offender is placed under the supervision of a probation officer for up to 3 years
  • Drug or alcohol treatment/testing - Tackles the causes of crime and prevents reoffending
  • Curfew - Offender is required to be in a specific place for between 2-16 hours in a 24 hour period
  • Exclusion - Offender is directed not to enter a specific area for a period of up to 2 years
  • Programme - Addresses reasons for offending behaviour
• 3. Fines

  • Most common sentence imposed by the courts for a less serious offence and is regularly used by the magistrates
  • Often combined with another sentence like a community order
  • Amount of the fine is based on the severity of the crime and the financial status of the defendant - paid to the crown and not the victim
• 4. Discharges

  • Around 8% of cases result in discharge, they are mainly used for minor first time offenders over the age of 10 where the court feels any type of punishment is unnecessary
• Types of discharge:

  • Conditional discharge - No action will be taken unless the offender commits another offence during a set period of up to 3 years
  • Absolute discharge - Used where punishment is not deemed appropriate, no penalty is imposed for situations where it is felt that the offender has been punished enough by going to court as they are technically guilty but morally blameless