TYPES OF SENTENCING

WHAT ARE CUSTODIAL SENTENCES?

what are the types?

Most serious punishment, for adults they range from short to life.

mandatory life

discretionary life

fixed-term

suspended

What is mandatory life sentence?

If you’re found guilty of murder, a court must give you a life sentence. A court may decide to give a life sentence for other serious offences like rape or armed robbery.

minimum of 12 years

What is discretionary life sentence?

A discretionary life sentence is a sentence of imprisonment for life that is not mandatory¹. It is used for dangerous offenders who cannot be dealt with under mental health legislation.

What is a fixed-term sentence?

In the UK, a fixed-term sentence is a prison sentence with a set period, usually less than 12 months¹. It can also refer to a sentence of at least 4 years but less than 7 years². The parole process applies to those with an extended sentence or a fixed-term sentence for serious violent or sexual crime

What is a suspended sentence?

In the UK, a suspended sentence is a custodial (imprisonment) sentence, but with the custodial element suspended (delayed)¹². If an offender is given a suspended sentence, they will not go to prison immediately. The term of imprisonment for a suspended sentence is between 14 days and two years (or six months in the Magistrates’ Court.

what are aggravating and mitigating factors on life sentences?

aggravating- victim was vulnerable they had a disability or the age or mental health. previous convictions, pleaded not guilty, any racial hostility shown.

mitigating factors- had no intention to harm or to kill, a lack of premeditation. no previous convictions, showing genuine remorse, pleading guilty.

What is release on licence?

judge imposed a minimum years the offender has to serve called tariff. at the end the parole board will decide whether the offender can enter the community again .

take into account

-whether the offender admits to the crime

- their behaviour during the tariff period

What are community orders?

A Community Order is a non-custodial sentence with one or more specific requirements which can be tailored for the purposes of punishment and/or to meet the needs of a defendant to overcome problems and avoid committing offences in the future.

un paid work and prohibited activity

What are fines?

most common, the amount of fine is balanced with their income and assets.

paying money towards damage caused.

What are non-custodial sentences?

community order, fine and discharge

What are the two types of discharge and what do they do?

1. Conditional- for a set length of time offender must not reoffend.

   discharges the individual if they don’t reoffend in the next 3 years, normally set for minor first-time offenders.

2. Absolute- effectively no penalty imposed.

   where offender is guilty but morally blameless for example in possession of a drug but there is a medical reason for having it.