5.5 Custodial

Question 1

What is the custody threshold?

Answer 1

Section 152(2) Criminal Justice Act 2003
the court must not pass a custodial sentence unless it is of the opinion that the offence... was so serious that neither a fine alone nor a community sentence can be justified...

Question 2

What is the minimum age for a sentence of imprisonment?

Answer 2

Section 89 Powers of the Criminal Courts (Sentencing) Act 2000
21.
Section 91 PCC(S)A
Sentences for youth offenders are known as “detention”.

Question 3

What must the court take into account when assessing the seriousness of the offence in order to determine whether to send D to prison?

Answer 3

Section 143(1) Criminal Justice Act 2003
Culpability;
Harm - caused, intended to cause, or might foreseeably have caused.

Question 4

What is the maximum custodial sentence where the statute that created the offence does not specify?

Answer 4

Section 77 PCC(S)A

Two years

Question 5

What is the maximum sentence the magistrates court can impose for a single offence?

Answer 5

Section 78 PCC(S)A

6 months

Question 6

What is the maximum total of consecutive sentences the magistrates court can impose for multiple offences?

Answer 6

Section 133 PCC(S)A
12 months, not comprised of any sentences above 6 months.

They must be either-way offences.

Question 7

How long should a custodial sentence be, generally speaking?

Answer 7

Section 153 Criminal Justice Act 2003
(2)
[The shortest possible period to reflect the purpose of the sentence.]
(3)
[Except where mandatory minimums apply.]

Question 8

When does the totality principle apply?

Answer 8

The totality principle applies to -
1.
multiple offences committed within the same act;
2.
a string of related crimes, e.g., a 6-month spate of burglaries, where separate sentencing would be disproportionate;
3.
where multiple offences arise from the same incident.

Question 9

What are the limits on how long a suspended sentence from the magistrates court can be?

Answer 9

Section 189 CJA
14 days - 6 months

[NB: the statute says 14 days - 2 years but the statutory maximum for the mags is 6 months - s.78 PCC(S)A.]

Question 10

What is the longest suspended sentence that the Crown Court can impose?

Answer 10

Section 189 CJA

14 days - 2 years

Question 11

What is the ‘operational’ period of a suspended sentence?

Answer 11

Section 189(1)(a) CJA
How long the sentence is suspended for.

Question 12

How long is the operational period of a suspended sentence?

Answer 12

Section 189(3) CJA
6 months - 2 years

Question 13

What is the ‘supervision’ period of a suspended sentence?

Answer 13

Section 189(1A) CJA
Optionally, how long the offender must be supervised by the Probation Service. Can be equal to or less than the operational period.

Question 14

What is the minimum sentence for a third offence of Class A drug trafficking?

Answer 14

Section 110 PCC(S)A

Seven years - unless it is unjust.

Question 15

What is the minimum sentence for a third offence of domestic burglary?

Answer 15

Section 111 PCC(S)A

Three years - unless it is unjust.

Question 16

What is the sentence for murder?

Answer 16

Section 1(1) Murder (Abolition of Death Penalty) Act 1965
Mandatory life imprisonment.

Question 17

What are the starting points for a minimum tariff in a life sentence for murder?

Answer 17

1.
Whole life (21+ only and other factors);
2.
30 years (firearms, explosives, financial gain, sex...);
3.
25 years (knife or other weapon);
4.
15 years (murderers aged 18-20);
5.
12 years (murderers aged under 18).

Question 18

Which provision sets out the custody threshold?

Answer 18

Section 152(2) Criminal Justice Act 2003

Question 19

Which provision sets out the minimum age for a sentence of imprisonment?

Answer 19

Section 89 Powers of the Criminal Courts (Sentencing) Act 2000

Question 20

Which provision sets out what the court must take into account when determining the seriousness of an offence (and hence the sentence)?

Answer 20

Section 143(1) Criminal Justice Act 2003

Question 21

Which provisions set out the maximum sentences that a magistrates court can impose?

Answer 21

Sections 78 MCA and 133 PCC(S)A

Question 22

What is the main provision setting out the court’s powers to suspend sentences?

Answer 22

Section 189 Criminal Justice Act 2003

Question 23

Which provisions set out the mandatory minimums for repeated drug trafficking and burglary?

Answer 23

Section 110 and 111 PCC(S)A

Question 24

Which provision sets out the sentence for murder?

Answer 24

Section 1(1) Murder (Abolition of Death Penalty) Act 1965

Question 25

What are the three parts of a suspended sentence?

Answer 25

1.
The custodial term;
2.
The operational period; and
3.
The supervision period.

Question 26

When is domestic burglary or class A drug supply treated as indictable-only?

Answer 26

When it is a third conviction, because of the mandatory term.

Question 27

What is the longest possible operational period during which a prison sentence can be suspended?

Answer 27

Section 189(3) Criminal Justice Act 2003
Six months to two years.

Question 28

What us the minimum custodial sentence that the magistrates court can impose?

Answer 28

Section 132 MCA

Five days.