Sentencing- Adult Offenders

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Sentencing Types: -custodial

-Community

-Fines

-Discharges

Magistrates: Maximum: 6 months / 12 months if second offence

Crown: Maximum: Unlimited (must go along with sentencing guide lines)

The Sentencing Council: -develops sentencing guide lines

-assessing the impact of guide lines

-promoting public awareness

(Courts can only depart from guide lines if it is in the interest of justice to do so)

Aggravating and Mitigating factors affect the sentence making it go both up and down from the starting point decided due to the crime.

Pre Sentence Report- Contains info about the offenders background.

Medical reports are also made.

Custodial

21+ -Prison

15-21 -Youth Offenders Institutions

s152 CJA 2003 - only can pass a custodial sentence if the offence was so serious that only a custodial sentence is justified.

PAROLE- early release

The Crime and Disorder Act 1998 - Home Detention curfews

Mandatory Life Murderers 18+. minimum term must be served before release which ranges from 15- life.

Full life:

-Serial Killers

-Previously convicted murderer

-Political reasons

-Sexual/sadistic conduct

Min of 30:

-Racially/ religiously aggravated

-Use of fire arm

-Police/prison officer on duty

Minimum of 15 years (12 if the d was under 18 at the time)

Maximum Life

-Rape/robbery/class a supply/gbh with intent/man slaughter

Extended sentences

s85 Powers of Criminal Courts (sentencing) Act 2000

(sexual/violent offences can have an extended period of time on top of the custodial sentence)

Fixed Term sentences

Released once served half of the sentence (only given to 21 year olds)

Suspended sentences

-Sentences between 28-51 weeks suspended for 6months - 2years.

-Community requirements can be attached eg. Curfew

-If offender breaches the order of commits another offence the sentence is Activated

-Only can be given when offence is serious enough to go to prison and it may deter future conduct.

(If not breached the sentence is not given)

Community Orders -Offenders 16+

-Can last for 3 years

Residency- Offender required to reside a specific address for a specific time (2-16 hours in any 24 hour period)

Unpaid work- A specific number of hours worked for the benefit of the community (40-300) done in 12 months

Curfew- 2-12 hours a day and can go for 6months. £675 per month but cheaper than prison

Supervision- Offender is made to attend appointments with a probation officer

Drug Rehab- Undergoing treatment for dependency includes testing

Alcohol treatment- Undergoing treatment for dependency for specific periods: 40-300 hours

Activity- Participation in activity eg. reparation involving contact with victim

Absolute Discharge

-Convicted but not punished. The conduct is wrong but shouldn't be blamed.

Conditional Discharge

-Only punished if another offence is committed with in a specific time period with a maximum of 3 years.

Fines

Magistrates- £5000 (£20,000 for businesses)

1.£200 2.£500 3.£1000 4.£2500 5.£5000

-A fines officer collects fines for the courts and has the power to seize property or clamp if payment isn't made.