Types of Sentence: Non-Custodial Flashcards
(12 cards)
Which of the following statements about an absolute discharge is correct?
A. It is only available in the Crown Court
B. It includes a condition of good behaviour
C. It automatically leads to a criminal record
D. It is a sentence with no punishment imposed
D. It is a sentence with no punishment imposed
Explanation: An absolute discharge is the lowest form of sentence and involves no conditions or punishment.
What is the maximum period for which a conditional discharge can be imposed?
A. Two years
B. Three years
C. Six months
D. Indefinite
B. Three years
Explanation: Under s 80 SA 2020, a conditional discharge can last up to 3 years. If reoffended in this time, the defendant can be resentenced.
Which of the following can a Community Order not be combined with?
A. Hospital order
B. Fine
C. Curfew requirement
D. Unpaid work requirement
A. Hospital order
Explanation: Community Orders cannot be combined with hospital orders due to incompatibility of supervision and treatment needs.
Paul pleads guilty to a minor public order offence and the magistrates believe no further punishment is needed. What sentence is most appropriate?
A. Conditional discharge
B. Community order
C. Absolute discharge
D. Fine
C. Absolute discharge
Explanation: An absolute discharge is suitable where further punishment is unnecessary due to triviality or circumstances.
After pleading guilty to shoplifting, Lisa is assessed as suitable for anger management and probation supervision. Which sentencing option is most appropriate?
A. Fine
B. Community order with requirements
C. Absolute discharge
D. Bind over
B. Community order with requirements
Explanation: A community order is appropriate for rehabilitative purposes and allows conditions like anger management programmes.
Tom has no previous convictions. He is convicted of criminal damage. The court believes the offence is serious enough for punishment but not for custody. What must be satisfied for a community order to be imposed?
A. That the offence is not imprisonable
B. That the defendant is under 18
C. That the offence is serious enough to justify a community order
D. That a pre-sentence report is always required
C. That the offence is serious enough to justify a community order
Explanation: s 204 SA 2020 requires the offence to be serious enough before a community order can be made.
A defendant fails to comply with a curfew requirement of their community order for the second time. What must the court do?
A. Institute breach proceedings
B. Impose immediate custody
C. Terminate the order
D. Impose an additional requirement
A. Institute breach proceedings
Explanation: On a second breach without reasonable excuse, the court must commence breach proceedings (Schedule 10 SA 2020).
Which of the following is a statutory aggravating factor for breaching a community order?
A. Deliberate evasion of curfew
B. Absence of remorse
C. Influence of alcohol
D. Persistent failure to comply without excuse
D. Persistent failure to comply without excuse
Explanation: Repeated non-compliance without reasonable excuse allows the court to revoke and resentence or increase severity.
A 20-year-old defendant is convicted of public affray. The magistrates wish to impose a curfew requirement and monitor compliance. What must they also do?
A. Impose a conditional discharge
B. Require electronic monitoring unless inappropriate
C. Issue a fine
D. Include a programme requirement
B. Require electronic monitoring unless inappropriate
Explanation: A curfew requirement must be electronically monitored unless monitoring is inappropriate or consent is not given.
Which of the following community order requirements can only be imposed on those aged 18–24?
A. Attendance centre requirement
B. Prohibited activity requirement
C. Exclusion requirement
D. Alcohol abstinence requirement
A. Attendance centre requirement
Explanation: Attendance centres are specifically for offenders aged 18 to 24 as a form of discipline and education.
A magistrates’ court imposes a fine of £250 for a level 1 offence. What happens if the offender fails to pay?
A. The fine is waived
B. They can be imprisoned in default
C. They must work off the fine
D. The fine converts to a community order
B. They can be imprisoned in default
Explanation: Non-payment of a fine may result in imprisonment, but only as a last resort after a hearing.
Which of the following is true about binding over orders?
A. They can be imposed without a conviction
B. They must follow a guilty plea
C. Only Crown Court can impose them
D. They apply only to witnesses
A. They can be imposed without a conviction
Explanation: Binding over to keep the peace can happen even without a guilty plea, including after acquittal.
