Types of Sentences - Non-Custodial

Question 1

What does the Sentencing Act 2020 categorise into two parts?

Answer 1

1) Non-custodial sentences
2) Custodial sentences

Question 2

What is included in non-custodial sentences?

Answer 2

• Discharge
• Fines
• Compensation orders
• Disqualification
• Forfeiture & deprivation of property
• Restitution and restoration
• Orders for offenders under 18
• Community orders
• Youth rehabilitation orders

Question 3

What is included in custodial sentences?

Answer 3

• Discretionary custodial sentences
• Life sentences
• Suspended sentences
• Detention for offenders under 18
• Minimum sentences for certain offences
• Sentencing dangerous offenders
• Detention for adults under 21

Question 4

What are the types of non-custodial sentences?

Answer 4

1) Bind over
2) Absolute discharge
3) Conditional discharge
4) Fines
5) Community order

Question 5

What is a bind over?

Answer 5

If a D breaches the peace, they forfeit a monetary sum set by the court

Question 6

What is the unique feature of a bind over?

Answer 6

Can be imposed without a guilty plea, trial or even after acquittal

Question 7

Is bind over limited to a D?

Answer 7

No, it can also be imposed on a witness

Question 8

Which court can impose a bind over?

Answer 8

Magistrates’ and Crown

Question 9

What is an absolute discharge?

Answer 9

No punishment at all

Question 10

When is absolute discharge used?

Answer 10

Offence is very trivial, circumstances of prosecution are unusual, or special factors regarding the offender

Question 11

What is a conditional discharge?

Answer 11

No immediate punishment, but with a condition attached

Question 12

What is condition of a conditional discharge?

Answer 12

If D commits another offence in specified period, will be re-sentenced for both

Question 13

What is maximum limit of conditional discharge?

Answer 13

3 years

Question 14

Who can impose a discharge?

Answer 14

Magistrates’ and Crown

Question 15

What is the most common type of sentence?

Answer 15

A fine

Question 16

Who can impose a fine?

Answer 16

Both Magistrates’ and Crown

Question 17

What is the limit of a fine for Crown Court?

Answer 17

No upper limit

Question 18

What is the limit of a fine for Magistrates’ Court?

Answer 18

1) Level 1 - £200
2) Level 2 - £500
3) Level 3 - £1000
4) Level 4 - £2500
5) Level 5 – unlimited

Question 19

When is a fine due?

Answer 19

Immediately, unless court allows instalments

Question 20

What can a fine not be combined with?

Answer 20

• Hospital order
• Discharge

Question 21

What if D fails to pay fine?

Answer 21

• Offender can be brought back to court
• As last resort, may be imprisoned

Question 22

What is the assessment the court takes on deciding fine?

Answer 22

A means form (income and outgoings)

Question 23

How old must a youth be for community order?

Answer 23

18

Question 24

What is the max duration of a community order?

Answer 24

3 years

Question 25

What must be obtained before imposing community order?

Answer 25

A pre-sentence report

Question 26

What is a requirement for community order?

Answer 26

One of the community order requirements must apply

Question 27

What are community order requirements list?

Answer 27

1) Unpaid work requirement 2) Rehabilitation activity requirement 3) Programme requirement 4) Prohibited activity requirement 5) Curfew requirement 6) Exclusion requirement 7) Residence requirement 8) Foreign travel prohibition 9) Mental health treatment requirement 10) Drug rehabilitation requirement 11) Alcohol treatment requirement 12) Alcohol abstinence and monitoring requirement 13) Attendance centre requirement 14) Electronic monitoring requirement

Question 28

What is the unpaid work requirement limit?

Answer 28

40-300 hours of unpaid work under Probation supervision within 12 months

Question 29

What is the curfew requirement limit?

Answer 29

Up to 16 hours a day, max 12 months

Question 30

What is the exclusion requirement limit?

Answer 30

Max 2 years

Question 31

What is the foreign travel prohibition limit?

Answer 31

Max 12 months

Question 32

What is the alcohol abstinence and monitoring requirement limit?

Answer 32

Must abstain from alcohol for up to 120 days

Question 33

What is the attendance centre requirement age limit?

Answer 33

18-24 years old

Question 34

What is the consequences of breaching a community order on first breach?

Answer 34

A warning

Question 35

What is the consequences of breaching a community order on second breach?

Answer 35

- Breach proceedings begin - Offender can admit or deny - If denied, court holds trial

Question 36

What are the court’s option for breach?

Answer 36

- Make stricter - Fine up to £2,500 - Revoke order and re-sentence - Extend community order by up to 6 months

Question 37

What happens if there is a persistent breach of community order?

Answer 37

Court can impose custodial sentence for up to 6 months