Custodial Sentences Flashcards
What is a custodial sentence?
The most serious punishment a court can impose which ranges from a few weeks to life imprisonment.
What does s222 of the Sentencing Act 2020 state?
Custodial sentences can be exercised when an offence is “so serious that neither a fine alone or community service can be justified”
What can custodial sentences be?
Life sentences: mandatory and discretionary
Fixed Term sentences
Suspended sentences
What is a Mandatory Life Sentence?
Court can impose life sentence w fixed minimum term offender must serve in custody before s/he considered for release on-licence
What is a Discretionary Life Sentence?
The maximum sentence is life imprisonment but it doesn’t have to be imposed by the judge as its not fixed by law.
Judges can set a tariff and give any lesser sentence where appropriate.
What does s18 of the Offences Against the Person Act 1861 state?
Offences resulting in a Discretionary Life sentence, such as Grievous Bodily Harm
What is a Fixed Term Sentence?
A determinate prison sentence with a fixed length of time.
Prisoners don’t serve whole sentence, but spend half in the community “on licence”
Judges impose this for offenders convicted of murder or where the culpability of the offender is particularly high. Both the maximum sentence and the defendants previous record must also be taken into account
What is a Suspended Sentence? i
Where an offender is not in prisoner immediately but is given the opportunity to demonstrate they will not reoffend.
A sentence can be suspended for up to 2 years. During this operational period the offender may have to comply with community requirements including unpaid work, curfew. etc.
Sentences of 12 months/less by Crown court or 6 months/less by Magistrates
