Custodial sentences in the Crown Court

Custodial sentences in the Crown Court

1. Sentence of 12 months or more - not dangerous or life sentences

   • usually release after half on licence
     • Licence conditions
       • decided by prison governor and probation
       • Standard
         • report regularly to RO
         • Reside permanently at an address approved by the RO
         • undertake work only with the approval of the RO
         • Do not leave the UK
         • behave - good behaviour
         • Do not commit any offences

2. Murder

   • Mandatory Life sentence
     • Min tariff set in Sch 21 CJA 2003
       • Can be departed from but reasons must be given

3. 3 x Class A traficking

   • s110 PCC(S)A 2000
   • 7 years minimum
     • Unless unjust

4. 3 x Domestic Burglary

   • s111 PCC(S)A 2000
   • 3 years
     • unless particular circumstances unjust
   • cannot get more than 20% credit for EG plea - s 144(2) CJA

5. Fire arms offences

   • s51A Firearms Act 1968
   • Over 18 - 5 years
     • unless exceptional circs
   • under 18 - 3 years

6. DANGEROUS OFFENDERS

   • s225 CJA 2003
     • 18+
     • Sch 15 offence
       • punishable with life sentence
     • Court - sig risk of serious harm to public
     • seriousness of the offence justifies imposition of life sentence
     • MUST be imposed
   • s224A CJA 2003
     • 2nd listed offence
       • over 18
       • Previous sentence condition
         • at time of offence had already been convicted of an offence on Sch 15B AND
         • for that offence received a sentence of life (5 years before release) or at least 10 years
       • Sentence condition
         • offence committed on Sch 15 B CJA
         • Court would impose a sentence of at least 10 years
       • MUST impose
         • unless PARTICULAR CIRCS make it UNJUST
   • EDS
     • Over 18
     • Convicted of specified offence
     • s224A / s225 do not apply
     • at time of the offence
       • previous sch 15 B conviction OR
       • court will impose a sentence of 4 years +
     • MAY impose EDS
       • Custodial sentence
       • Extended licence period
         • If under 10 years cust out auto after 2/3
         • If over 10 SOS must refer to parole - not until confinement unnecessary
         • 5 years max for spec violent offence
         • 8 years max for spec sex offence