Criminal Courts & Lay People: Types of sentencing

Question 1

What are the different types of sentences?

Answer 1

Custodial
Community
Fines
Discharges

Question 2

What are the different types of custodial sentences?

Answer 2

Mandatory life sentences
Discretionary life sentences
Fixed term sentences
Suspended sentences
Home detention curfew
Extended sentences
Minimum sentences

Question 3

What is a mandatory life sentence?

Answer 3

Automatic life sentence
Judge states minimum number of years the D must serve until released on license
Full life for murder of child, terrorism, serial killer
30 yrs for murder of police officer, use weapon, racially aggrevated
Min of 15 yrs

Question 4

What are discretionary life sentences?

Answer 4

Life sentence available for serious offences where judge has a choice in giving life sentence but doesn’t have to give it

Question 5

What are fixed term sentences?

Answer 5

Length of imprisonment is set for a number of years/months
Judge looks at max sentence for that crime
Sentences automatically halved after serving half

Question 6

What are suspended sentences?

Answer 6

Imprisonment set between 14 days and 2 yrs, but suspended between 6 months and 2 yrs
If D doesn’t commit further offences during this time, prison sentence not served
If offence committed, offencer serves that sentence plus latest

Question 7

What are home detention curfews?

Answer 7

Applies to prisoners serving sentences between 3 months and under 4 yrs.
Live outside prison providing they don’t breach rules of their curfew
AKA house arrest

Question 8

What are extended sentences?

Answer 8

Custodial sentence plus period of license
Used in extreme cases
E.g., violent offender

Question 9

What are minimum sentences?

Answer 9

Law sets minimum sentences for certain crimes

Question 10

What types of community orders are there?

Answer 10

Unpaid work
Supervision Requirement
Drug/Alcohol Treatment & Testing
Curfew
Exclusion
Programme

Question 11

What is unpaid work?

Answer 11

Between 40 and 300 hrs on project organised by probation service
Usually 8hr session for 12 month period

Question 12

What is supervision requirement?

Answer 12

Offender places under supervision of probation officer for up to 3 yrs
Offender must attend appointments, undertake work to promote personal and behavioural change

Question 13

What is drug/alcohol treatment & testing?

Answer 13

Agree to treatment plan between 6-36hrs long
Aim to tackle causes of crime and prevent reoffending

Question 14

What is a curfew?

Answer 14

Offender required to be in specific place between 2-16 hrs in 24 hr period
Max of 6 months, enforced through electronic tagging

Question 15

What is exclusion?

Answer 15

Offender directed not to enter specific area for period for up to 2yrs
May use electronic monitoring

Question 16

What is a programme?

Answer 16

Offender must attend programme designed to address reasons for their offending behaviour for certain number of days

Question 17

What is a fine?

Answer 17

Often combined with another sentence, like community orders
Payable to Crown not the victim
Amount is based on severity of cirme and financial status of defendant

Question 18

What are discharges?

Answer 18

Around 8% of cases result in discharges
Mainly used for minor first time offenders over age of 10

Question 19

What are the types of discharges?

Answer 19

Conditional discharge
Absolute discharge

Question 20

What is a conditional discharge?

Answer 20

No action taken unless offender commits another offence during set period of up to 3yrs
If do reoffend within time limit, court can impose a different sentence and combine with penalty

Question 21

What is an absolute discharge?

Answer 21

Where punishment is not deemed appropriate
No penalty imposed
Technically guilty but morally blameless

Question 22

What are the other sentences?

Answer 22

Disqualification
Compensation
Forfeiture order - property taken away