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Crim > 24. Custodial Sentences > Flashcards

24. Custodial Sentences Flashcards

1
Q

what does custodial sentence include?

A
  • detention and training order
  • sentence of detention
  • sentence of detention in YOI
  • sentence for custody for life
  • imprisonment
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2
Q

if a sentence is not limited by a term or life - what is the max sentence?

A

2 years

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3
Q

MC imprisonment powers max and min?

A

min - 5 days
max - 6 motnhs

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4
Q

max MC sentence for more than one EW offence?

A

12 months aggregate

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5
Q

Crim damage summarily sentence?

A

max 3 months

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6
Q

what is the custody threshold test?

A

court must not pass custodial sentence unless of opinion that:
- offence or
- combination
so serious that neither a fine alone not comm sentence can be justifed.

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7
Q

in deciding whether custody threshold passed court considers?

A
  • circs of offence
  • aggravating/mitigating factors
  • PSR
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8
Q

when will offences be associated with each other?

A

convicted of it in same proceedings or
sentenced for it at same time

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9
Q

general rule about length of custodial sentence?

A

must be for shortest term to achieve goals of that sentence

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10
Q

when assessing shortest commensurate term - what will court not take into account?

A

licence or post sentence supervision requirements that may be imposed

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10
Q

when dealing with several offence sentence should be ….

A

proportionate

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10
Q

what is the relevance of prison conditions when sentencing to custody?

A

overcrowding is taken into account. especially when deciding to suspend

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11
Q

when will time remanded as time served apply?

A

when offender is serving term of imprisonment AND has been remanded in custody in connection with that offence or related offence

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12
Q

what does time served counting mean?

A

number of days remanded counts as time served by offender as part of sentence unless

  • remanded for other matters
  • not any part of automatic release period
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13
Q

a day counts as time served in relation to?

A

only one offence and only once in relation to that sentence.

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14
Q

is remand credited automatically?

A

yes in relation to:
* sentences of imprisonment,
* detention in a young offender institution,
* detention under s. 250 or s. 252A,
* the detention and training order,
* custodial sentences for certain offenders of particular concern,
* and extended sentences of imprisonment or detention

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15
Q

when will time on bail be credited towards sentence?

A

where an offender has been remanded on bail and that bail was subject both to a ‘qualifying curfew condition’ (at least 9 hours spent at one place) and electronic montioring condition

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16
Q

crediting bail automatic?

A

no - court responsibility to make this direction

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17
Q

for every day on bail and subject to conditions how much time in custody is deducted?

A

1 day on bail = 1/2 day custody

days where offender broke conditions - not counted

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17
Q

where sentenced for more than one offence court should….

A

impose separate sentences or
mark one offence as “no separate penalty”

18
Q

do court have to specify whether sentences are concurrent or consecutive?

A

yes. If they do not it will be presumed they are concurrent.

19
Q

when will sentences be concurrent - generally?

A

where:
- offences arise out of same incident/facts or
- series of offences of same/similar kind

20
Q

when will consecutive sentences generally be used?

A

where:
- offences arise out of unrelated facts/incidents
- offences from same incident are distinct
- offences are same but overall criminality will not be sufficiently reflected by concurrent sentence.
- one or more offence(s) qualifies for a statutory minimum sentence and concurrent sentences would improperly undermine that minimum.

21
Q

general release duty in determinate sentences?

A

duty to release on licence once offender has served 1/2 of the sentence.

22
Q

when can secretary of state refer someone to parole board instead of release automatically?

A

offender over 18 on first day they would be entitled to release and reasonable grounds to believe that offender would pose significant risk to members of public of serious harm via murder or specified offence

23
Q

when is life sentence mandatory?

A

offender age 21 or over is convicted of murder must be sentenced to life imprisonment

24
Q

who can whole life terms be imposed on?

A

offenders 21 or over when offence committed.

25
Q

when imposing life sentence what must court do?

A

make an order that early release provisions are to apply to offender as soon as specified years are served.

26
Q

whole life order can be imposed for 18-20 if?

A

seriousness is exceptionally high even by the standard of offences which would normally result in a whole life order

27
Q

can judges express views to parole board about release of those with life sentence ?

A

yes. judge can express view that should not be immediately released upon serving of min term or at all.

judge may direct that transcript of those comments given to parole board

28
Q

when does minimum custodial sentence for 3rd Class A offence apply?

A

offender is over 18 and

when offence was committed offender had 2 relevant drug convictions AND

they were committed after they had been convicted of the other

29
Q

what is the minimum custodial sentence for 3rd Class A offence ?

A

7 years UNLESS

exceptional circs that justify not doing so.

30
Q

how much can a reduction for G plea reduce a mandatory minimum sentence to?

A

may not impose a sentence which would be less than 80 per cent of the minimum sentence

31
Q

what is the min sentence for 3rd DOMESTIC burglary?

A

3 years

32
Q

when can a sentence be suspended?

A

when sentence is for at least 14 days imprisonment or 21 days in YOI

and is not more than 2 years

33
Q

can detention and training orders be suspended?

A

no

34
Q

what needs to be satisfied to impose suspended sentence?

A

custody threshold needs to be passed.

35
Q

suspended sentence as more severe community order?

A

Suspended sentence must not be imposed as a more severe form of community order
should be clear that they would impose an immediate custodial sentence if the power to suspend were not available.

36
Q

suspending consecutive terms?

A

power to suspend not exercisable in relation to any unless aggregate of terms does not exceed 2 years

37
Q

what other sentences / orders can NOT be combined with suspended sentence?

A

immediate custody
community order
discharge for same offence

38
Q

what can a suspended sentence be combined with?

A

fine
ancillary orders

39
Q

do requirements have to be added to suspended sentence?

A

they do not have to be but they can be.

40
Q

what requirements can be added to suspended sentence?

A

same ones as for community orders

41
Q

if suspended sentence requirement is breached or further offence is committed during operational period what happens?

A

warning - state that unacceptable - if another breach within 12 months brought back before court.

42
Q

if suspended sentence requirement is breached or further offence is committed during operational period what can court do?

A

must deal with offender in one of following ways:
**- activate suspended sentence with term unaltered
- activate suspended sentence with lower term **
must be made unless unjust

  • fine of up to 2500
  • if community requirements either make more onerous, extend operational period or extend supervision period
  • if no community requirements - extend operational period.
43
Q

suspended sentence must be activated ….

A

suspended sentence be activated in whole or in part unless it would be unjust to do so

44
Q

activated suspended sentence can run….

A

consecutively or concurrently to any custodial sentence imposed for the offence which has triggered the breach
(usually consecutive)

45
Q

what will court take into account when further offence committed during operational period?

A

facts and nature of new offence = primary consideration

strong personal mitigation
realistic prospect of rehabilitation
whether immediate custody will result in significant impact on others.

Apart from the most serious cases, the court should apply an appropriate reduction to the activated sentence to reflect upw or curfew requirements completed.

46
Q

what will court take into account when failure is failure to comply with community requirement in supervision period?

A

extent of compliance

Crim (27 decks)

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