adult sentencing

• Sentencing

  .There are 4 main categories of sentences available to the court.

  .The main aim for adult offenders is retribution.

  >Custodial sentences

  >Community sentences

  >Fines

  >Discharges
• community sentences

  .Community orders are imposed in around 13% of criminal cases each year.

  .They can be given to anyone over the age of 16.

  .They can require the offender to do any number of things such as undertaking 300 hours of unpaid work, imposing a curfew, and/or requiring the offender to attend an alcohol or drug addiction course.

  .Unlike youth, an adult wouldn't be asked to attend education or take part in an activity requirement.
• Fines

  .Fines are imposed in around 71% of all criminal cases each year.

  .They require the offender to pay a financial penalty.

  .They can be imposed alone or in addition to another type of sentence.

  .When determining the level of a fine, the court will take into account the seriousness of the offence and the offenders financial means.

  .Murder is an offence you aren't allowed to pay a fine for.

  .The biggest issue with fines is that most offenders don't end up paying the fines.
• Discharges

  .Discharges are imposed in around 4% of criminal cases and are given for very minor offences.

  .The offender will still receive a criminal record which contrasts to youth offenders where their sentence will be ‘spent’.

  .An offender can be given either an : 

  >Absolute discharge - no punishment is given and the offender is free to go.

  >Conditional discharge - no punishment is given and the offender is free to go, but if they commit another crime within a specific time period, they will be sentenced for the first offence as well as the new one. 
• Types of custodial sentences

  >Discretionary life imprisonment 

  >Determinate/fixed term

  >Mandatory life 

  >Whole life orders

  >Suspended sentence
• Custodial sentences - Determinate/fixed term

  The most common custodial sentence.

  -For sentences over a year, the defendant will spend half their sentence in prison and the other half in the community on licence with conditions attached. These conditions could be a driving ban, a curfew or a banning order.

  >LASPO 2012 

  -Created a new ‘extended determinate sentence’ for offenders who are convicted of serious sexual offences.

  -They must serve ⅔ of their sentence in custody.
• Custodial sentences - discretionary life sentence

  This means the judge has a choice if they wish to give up to life.

  This is for offences like GBH, manslaughter, armed robbery
• custodial sentences - discretionary life sentence under s.321 criminal justice act 2003 


  an offender should serve a sentence of imprisonment for life when : 

  .The offender is convicted of a serious offence (carrying a maximum sentence of life imprisonment or minimum 10 yr)

  .The offender poses a significant risk to the public of serious harm by carrying out further specific offences the maximum penalty for the offence is life imprisonment

  .The court considers that seriousness of the offence, or the offence and one or more associated offence, justifies the imposition of life imprisonment
• Custodial sentences - mandatory life sentence

  -This compulsory sentence is given in two circumstances : 

  .Offenders who have been found guilty of murder. If they are considered for release by the parole board then they will be on a licence for the rest of their lives.

  .LASPO 2012 introduced a ‘two strikes’ policy, which means that a mandatory life sentence will also be given to anyone convicted of a second serious sexual or violent crime.
• Custodial sentences - whole life sentence

  -Whole life orders are extremely rare and are given to the most serious or persistent offenders.

  -There are currently very few prisoners serving whole life orders in England and Wales. However, the Police, Crime, Sentencing and Courts Act 2022 provided that a whole life order should be the starting point for the premeditated murder of a child.
• Custodial sentences - suspended sentence

  -The offender does not go to prison but has to comply with conditions set out by the court. The suspended period can be between 14 days and one year (or 6 months in the magistrates court). 

  -Breach of the conditions can result in the offender being sent to prison for the remainder of their sentence.

  -The court can attach any 12 requirements to the sentence.