Custodial Sentences and Ancillary Orders

Question 1

what is the threshold for custodial sentence?

Answer 1

must not unless community or fine not appropriate for offence/combo of offences
exception - mandatory sentences - D fails to express willingness to comply with reqt. e,g drug/alcohol/mental health treatment

Question 2

how long should a sentence be

Answer 2

as short as possible to achieve goals of sentencing - taking into account all associated offences

Question 3

what is the effect of days spent remanded in custody on custodial sentence

Answer 3

automatically deducted from sentence

Question 4

what are the periods of curfew which qualify for discount on sentence

Answer 4

court must direct credit of 1/2 a day for every day subject to curfew of more than 9 hours.

Question 5

what is the presumption where 2 sentences are given

Answer 5

that they will run concurrently

Question 6

when will sentences generally be set concurrently

Answer 6

where offences arise out of same facts or pattern of bahaviour

Question 7

where will sentences run consecutively

Answer 7

factually distinct
one of them is aggravated offence
longer required to reflect offending
would otherwise undermine statutory minimum

Question 8

when does automatic release arise?

Answer 8

1/2 way through sentence - released on licence - if any reoffending back in to serve remainder

Question 9

what is mandatory sentence for murder (3 age groups)

Answer 9

21+ - imprisonment for life
18-21 - custody for life
under 18 - detention at HMs pleasure

Question 10

what is minimum term for 3rd class A drug trafficking conviction

Answer 10

7 years - unless unjust in all circumstances (pre 28 June 22) / excpetional circs (post 28 June 22)

Question 11

what is max reduction that can be made for GP in mandatory sentence issues

Answer 11

must not be less than 80% of mandatory period

Question 12

what is minimum term for 3rd domestic burglary conviction

Answer 12

3 years (subject to unjust / excpetional watershed at 28 June 22

Question 13

what sentences cannot be suspended

Answer 13

adults - less than 14 days
youths - less than 21 days
detention and training orders

Question 14

what factors support suspended sentenc

Answer 14

realistic prosepct of rehabilitations
strong personal mitigation
immediate custody will result in significant harmful impact on others

Question 15

what are max limts for suspended sentences

Answer 15

sentence of not more than 2 years for an operational period of not more than 2 years (CC)

Question 16

what can a suspended sentence not be combined with?

Answer 16

immediate sentence, community order, discharge where sole count (but can have another discharged) , fine usually improper where fine would have been appropriate alone

Question 17

is it lawful to impose a suspended sentence without any community requirement?

Answer 17

yes but usually some element given for a supervisory period - same as general community reqts.

Question 18

what steps will be taken following 2nd breach of community reqt of suspended sentence?

Answer 18

one warning already given - MUST come back before the court by laying an informaiton, must be laid before expiry of operational period but need not be heard before then

Question 19

what MUST the court do if suspended sentence breached by further conviction?

Answer 19

activate sentence for same/lesser term
more onerous community reqt.
extension of supervision/operational period
must DO something

Question 20

what facts will a court consider when breach by reconviction has occured

Answer 20

same as for suspended sentence - rehab, impact on others, personal mitigation (where NEW and exceptional)

Question 21

what factor will court consider when breach of community reqt has occured

Answer 21

extent to which it has been complied with already

Question 22

What is a prosecution costs order

Answer 22

order that D pays just and reasonable amount of P costs - imprisonment in default and sum due

Question 23

what is a compensation order?

Answer 23

order that D pay person financial compensation - MUST do so where allowed unless unjustat - takes precedent over fine
can be imposed with any sentence Inc discharge

Question 24

what is a forfeiture/deprivation order?

Answer 24

order that allows forfeiture of property linked to an offence eg drugs/cash found at scene
subject to app by purported owner for its return (e.g car offence, owned by dad who had no idea)

Question 25

what is a confiscation order

Answer 25

CC ONLY (mags must commit for consideration)
order requiring offender to pay a sum of money representing benefit from criminal conduct (POCA) - must be dealt with within 2 years of conviction - imprisonment and sum still due

Question 26

what are Dove guidelines for imposition of costs orders

Answer 26

never exceed what D is able to pay
should not exceed reasonable/actual costs
to compensate P and not punish D
balance with other payments
D to disclose honestly means
allow D to make submissions

Question 27

what is surcharge?

Answer 27

normally required when sentencing at mags or CC - not where absolute discharge or mental health order made

Question 28

what are the 3 measaures for potential ‘dangerous’ offenders and test

Answer 28

required life sentence
extended sentence
serious terrorism sentence

(prove significant risk to public)

Question 29

what are the 3 related categories o of sentences where dangerousness not required

Answer 29

second listed offence
manslaughter of emergency workers
required sentence for offender of concern

Question 30

what satisfies dangerousness test (s306(2) sentencing act)

Answer 30

significant risk = considerable amount/importance
pre-sentence report, psych maybe
previous convictions - esp where escalating
less inclined for youths
personal mitigation

serious harm = death or serious PI (phys/mental)

rare to find appeal

Question 31

can offences which do not reach the custodial threshold be given concurrent custodial sentences if alongside cusotdial eg. 3xs18 wounding and 1x common assault

Answer 31

yes