types of sentencing

Custodial sentence

• A custodial sentence involves the offender being sent to prison or a young offender institution.

• It is generally used for the most serious offences.

• The court considers the seriousness of the offence and whether a prison sentence is justified.

• it aims to punish the criminal, protect the public, deter offenders

community order

• allows an offender to remain in the community rather than going to prison.

• The court imposes requirements that the offender must complete.

• These requirements are designed to punish and rehabilitate the offender.

• examples include unpaid work, curfew, rehab

• This is used to make the offender give back to the community

fines

• A fine is a financial penalty requiring the offender to pay money to the court.

• It is commonly used for less serious offences.

• amount depends on seriousness of offence, damage caused, offenders financial status

• examples are motor offences, minor criminal damage

discharge

• A discharge is where the court decides not to impose an immediate punishment after an offender has been found guilty.

• It is generally used for less serious offences.

• There are two types:

• Absolute discharge:

• The offender is released without receiving any further punishment.

• The court considers that imposing a punishment is unnecessary.

• The conviction is still recorded.

• Conditional discharge:

• The offender is released on the condition that they do not commit another offence within a specified period.

• The period can be up to three years.

• If they commit another offence during this period, they can be sentenced for the original offence as well as the new offence.