Sentencing Options Flashcards
Law (12 cards)
Mandatory life sentence
- the only life sentence is for murder
- judge can state the minimum number of years in prison before being release on license
- starts from 50 years down to 15 years
Discretionary life sentence
- judge decides whether to give a life sentence or not
- for offence like rape, manslaughter, S.18 and robbery
Release on license
- if they complete the minimum number of years set by the judge and if they are up for parole they see if they are fit to go out into public
Fixed-term sentence
- they are in prison for a certain amount of years or months
- they do not have to complete the whole time, if they have done half of their sentence they are automatically released
Suspended sentence
- they only serve the custodial period if they breach the terms of the suspension
- the time in prison is 28-57 weeks
Community sentences
the community act 2003 created one act and the court can add any orders they think are necessary.
Unpaid work requirement
offender must work 40-300 hours on something organised by the probation service.
Curfew requirement
offender must stay in a fixed place for 2-12 hours at any point in the 24 hours. this can happen for 6 months
Supervision requirement
offender must be supervised by a probation officer for up to 3 years.
Fines
- fines are paid to the crown court
- 70% of the sentences in the Magistrates court is fines
Absolute and Conditional Discharge
offenders are either released or released on the condition that if they come before court again both offences will be taken into consideration.
Anti-social behaviour order
an ASBO may be given to someone who has acted in an anti-social manner