non-custodial sentences Flashcards
When is an absolute/conditional discharge available to a court?
offender convicted by/before court AND
offence does not have mandatory sentence requirement/precluded from cond disc.
taking into account nature of offence and character of offender
what is the condition of a cond. disc?
offender should commit no further offence - max period of 3 years
cannot be combined with a punitive measure for the same offence - but can have any disqaulification / confiscation or security
what is the consequence of breach of cond disc?
breach = further conviction of offender
may sentence offender for original offence in any manner it would have done so if just been convicted (but age at time of conviction)
when can CC NOT impose a fine
life sentence for murder
other madatory life sentences
min sentence for 3rd dom burglary
hospital order
cond disc for single offence
what do mags need to take into account when deciding on fine amount?
any specified amount in stature
availability (not to be combined with certain order)
young offenders
what must a court do before fixing a fine?
enquire after financial circs of the offender
consider seriousness of offence and reflect in amount
instalment/immediacy determined by means of offender
what is a reasonable time within which fines should be repayable?
12 months - may be exceptions
corporate Ds common exception
often wrong in principle to combine with custodial
what is the test for application of a community order
must not make a community order unless court is of the opinion that the offence is serious enough to justify it
when should a pre-sentence report be obtained when considering what community order to impose
must normally do so unless considered unecessary
what is range of unpaid work hours
40-300
must be suitable for offender and have it available in area
can run concurrent/consec- total not to exceed 300
normally to be completed within 12 mos
what is minimum/maximum curfew hours
what can it not exceed in a week
2-16 hrs
not more than 112 in a week
MUST impose electronic monitoring unless inappropriate to do so
what conditions may be attached to a community order
unpaid work - 400-300 yrs
rehab
programme (must be specific)
curfew (2-16hrs per day, no more than 112 per week)
exclusion - no more than 2 years
travel
treatment for various substance addictions - must be satisfied addiction can be treated
electronic compliance
what is consequence of breahc of a community order
will get one warning then have to come back before the court - normally CC unless directed to mags
must do something - may be re-sentenced as if they were age and had just committed offence , fine of not more than 2.5k, 28 days prison if av or making order more onerous
can community orders be varied by application of offender?
yes where change in circs and good compliance/progress
can be extended to allow more time
can be revoked if in interests of justice
