Types of sentencing for adult offenders (8 marks).

Question 1

Who sets out the types of sentencing?

Answer 1

• Coroners and Justices Act 2009 set up Sentencing Council (they set guidelines).
• Legal Aid Sentencing and Punishment of Offenders Act 2012.

Question 2

What is a CUSTODIAL sentence?

Answer 2

• Imprisonment (most serious)

Question 3

Types of CUSTODIAL sentencing.

Answer 3

• Mandatory life sentence (only for murder).
• Judge gives minimum years.
• “Whole life order” given to those most dangerous who should never be released. (Approx. 75 in UK).
• Discretionary life sentence (manslaughter)
• Max is life imprisonment, judge can doesn’t have to impose it.
• Extended Determinate Sentence
• 12 month min. custodial sentence, given license after to protect community.
• Used for those who commit sexual offences.
• Suspended sentence.
• Only prison if reoffends in time frame.
• Fixed Term Sentence
• Judge can give specific time in prison.
• Home Detention Curfew
• Electronic tag put on, must remain home at allocated times.

Question 4

What is a NON-CUSTODIAL sentence?

Answer 4

• Less serious crimes (S177 Criminal Justice Act 2003), such as community order.
• Examples are - unpaid work, electronic tag, alcohol treatment etc.