Types of Sentence: Custodial Flashcards
(12 cards)
Which of the following is a requirement for imposing a suspended sentence of imprisonment?
A. The offender must have no previous convictions
B. The offence must be indictable only
C. The offender must be under 21 years of age
D. The sentence must be between 14 days and 2 years
D. The sentence must be between 14 days and 2 years
Explanation: A suspended sentence can only be imposed for custodial terms between 14 days and 2 years. The other options are not requirements.
Which type of custodial sentence is mandatory for a conviction of murder?
A. Life imprisonment
B. Determinate sentence
C. Extended sentence
D. Suspended sentence
A. Life imprisonment
Explanation: Murder carries a mandatory life sentence. Courts have no discretion to impose any other sentence for this offence.
Which court has the power to impose a statutory life sentence under the Sentencing Act 2020?
A. The Crown Court
B. The Magistrates’ Court
C. The Youth Court
D. The Family Court
A. The Crown Court
Explanation: Only the Crown Court has jurisdiction to impose statutory life sentences, such as for dangerous offenders or second serious offences
Lewis has been convicted of his third Class A drug trafficking offence. Which sentence must the court impose unless unjust?
A. Three years’ imprisonment
B. Seven years’ imprisonment
C. Life imprisonment
D. Suspended sentence of two years
B. Seven years’ imprisonment
Explanation: A third Class A drug offence attracts a statutory minimum sentence of seven years unless the court finds it would be unjust.
Emily is convicted of a specified sexual offence and deemed dangerous. The court imposes an Extended Determinate Sentence (EDS). What is the maximum extended licence period it can impose?
A. 8 years
B. 6 years
C. 5 years
D. 10 years
A. 8 years
Explanation: For sexual or terrorism offences, the maximum extended licence period under an EDS is 8 years.
Dan receives a 12-month sentence for burglary. The court decides this sentence will not be served immediately, but Dan must comply with probation conditions for 18 months. What sentence has he received?
A. Determinate custodial sentence
B. Community order
C. Hospital order
D. Suspended sentence
D. Suspended sentence
Explanation: Dan’s prison sentence is suspended. He must comply with conditions (supervision, unpaid work, etc.) to avoid activation.
Which of the following is not required to impose an Extended Determinate Sentence (EDS)?
A. The offender is convicted of a specified offence
B. The court finds the offender to be dangerous
C. The offender has a previous EDS
D. The offence justifies a custodial sentence
C. The offender has a previous EDS
Explanation: A previous EDS is not a requirement. The EDS can be imposed if the offence is specified, the offender is dangerous, and the sentence is justified.
What is the operational period in a suspended sentence?
A. The amount of time the defendant must be supervised
B. The time the sentence is suspended for
C. The length of unpaid work ordered
D. The period of time the sentence must be served if breached
B. The time the sentence is suspended for
Explanation: The operational period is the time during which the defendant must not reoffend or breach terms. If they do, the sentence may be activated.
Which of the following is true regarding minimum sentences for a third domestic burglary?
A. It applies only if all previous burglaries were of dwellings
B. It is three years for each burglary conviction
C. It can be imposed by magistrates
D. It is a discretionary minimum sentence for commercial burglary
A. It applies only if all previous burglaries were of dwellings
Explanation: The minimum sentence of three years applies only where the offender has two previous convictions for domestic (dwelling) burglary.
Which court can impose a sentence of more than 12 months for an either-way offence?
A. The Crown Court
B. The Magistrates’ Court
C. The Family Court
D. The Youth Court
A. The Crown Court
Explanation: The Magistrates’ Court can only impose up to 12 months for combined either-way offences. The Crown Court has no such limit (subject to statutory maximum for the offence).
Ravi receives a 10-month sentence in the Crown Court. He had spent 2 months on remand. How is this treated?
A. The sentence will be increased to reflect time on remand
B. The sentence begins after remand time
C. The 2 months will automatically count towards the sentence
D. The court must state that remand time is credited for it to apply
C. The 2 months will automatically count towards the sentence
Explanation: Time on remand is automatically deducted from the sentence by the prison service. No court declaration is needed.
Which of the following is a true statement about whole life orders?
A. They apply to all life sentences for murder
B. They are always applied to murder of police officers
C. They are imposed in the most serious murder cases
D. They are reserved for rape and robbery offences
C. They are imposed in the most serious murder cases
Explanation: Whole life orders are exceptional and reserved for the gravest murder cases. They mean the offender will never be released.
