Range of Sentences Essay Model Answer

• There are 4 main types of sentence that a Judge/Magistrate can give out: a custodial service, a community order, a fine and a discharge.
• A custodial sentence is the most severe criminal sanction as it's a prison sentence and removes the offenders liberty. Unders.152 of the Criminal Justice Act 2003, the court can only pass a custodial sentence if it thinks that the offence 'was so serious that neither a fine alone nor a community sentence can be justified for the offence.' It may also be imposed to protect the public from violent individuals or sex offenders.
• There are various custodial sentences available. Firstly, there are a range of life sentences. A mandatory life sentence will automatically be given for murder convictions. This could be 12 years minimum to a maximum whole life order. Sean Mercer who killed Rhys Jones was sentenced to a minimum of 22 years before parole could be applied for. Discretionary life sentence allow the judge the flexibility to sentence up to life for offences such as manslaughter and rape but do not have to impose this and can choose to give any sentence less than the maximum.
• On the other hand, there are fixed term sentences which are passed for less serious offences, the maximum length of the sentence will be set by a stature for a fixed term. For example, the maximum sentence for theft, imposed by the Theft Act 1968, is seven years. Prisoners do not serve the whole of the sentence passed by the court, usually they are released on licence after they have served half of the sentence.
• Minimum sentences are sentences where the minimum term is laid down in statute. This removes the judge's discretion to sentence on the basis of individual cases, and often occurs where crimes have become 'public' focuses, e.g. s.110 of the Powers of Criminal Courts (Sentencing) Act 2000 states there is a minimum of 7 years for a third class A drug trafficking offence and a minimum of 3 years for a third conviction of burglary.
• An offender may receive a suspended sentence. This is where the time in custody is 'suspended' for a period so that the offender does not have to go to prison. The prison sentence can only be between 14 days and 2 years but the length of the suspension varies between 6 months and 2 years. If the defendant commits a further offence whilst under this sentence, then they will have to serve it in custody in addition to any sentencing for the further offence.
• Alternatively to custodial sentence there are community orders which are imposed in 13% of cases each year. A community order can be tailored to the needs of the individual as the judge/magistrates can 'mix and match' requirements. The full list of requirements are set out in s.1177 of the Criminal Justice Act 2003 some examples include: unpaid work, doing an activity requirement, rehabilitation and/or being tagged and having a curfew.
• If an offender is instructed to do unpaid work they would do between 40-300 hours of work while being supervised by the Probation service. This unpaid work can include litter picking and cleaning graffiti. If the offender was given an activity requirement they may have to do up to 60 days of a particular activity such as working in a charity shop or do something for the victim. Rehabilitation is for offenders who have a past with alcoholism and/or dug abuse. They may be put under supervision to treat their abuse of harmful substances.
• A curfew or tagging lasts up to 6 months and the offender may be required to stay at a particular address during certain hours of the day. An electronic tag can also monitor their movement so they are alarmed if the offender goes somewhere they shouldn't or goes out at a time they shouldn't be.
• Another type of sentence is receiving a fine. The offender will have to pay a financial penalty that may be imposed alone or in addition to another type of sentence. The maximum fine available at the Magistrates Court is £5000 whereas it is unlimited at the Crown Court. The court must take into account the seriousness of the offence and the financial means of the offender. According to the Home Office, fines are imposed in approximately 71% of cases making them the most common type of sentence.
• The final type of sentencing is discharge. They are used in 8% of cases when the D has been convicted of an offence but the court believes that punishment is unnecessary. There are 2 types of discharged, conditional and absolute. Conditional means that the offender will have a criminal record but no further action will be taken against them as long as they do not commit a further offence within 3 years. If they do commit a further offence, they may be convicted and sentence for both sentences at the same time.
• Absolute means that they will have a criminal record but no action is taken against them. This may be imposed on first-time offenders charged with a very minor offence.