Adult Sentencing and Custodial Sentences
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Adult Sentencing
Adult Sentencing
Adult sentencing
There are 4 main categories of
sentences available to the Court:
Custodial sentences
Community sentences
Fines
Discharges
Adult sentencing
Custodial sentences
For adult defendants a custodial sentence means
prison
The offender will spend some time in prison
which can range from weekend prison to
whole life imprisonment.
A court should not pass a custodial sentence
unless it considers that the crime was so
serious that only a custodial sentence is
justified - Criminal Justice Act 2003 s 152.
Custodial Sentences
Mandatory life sentences
Certain offences have a mandatory life sentence when committed
for the first time e.g. murder.
Following reform in 2012 under the amended s224A of the Criminal
Justice Act 2003 a court MUST impose an automatic life sentence
where an offender has been convicted of two very serious, violent
or sexual offences, each justifying on their own a ten year custodial
sentence.
The sentences lasts for the whole of the offender’s life but the
judge will state a term of years that the offender must stay in
custody before being considered for release. This term is based on
the seriousness of the offence and ranges from 12 years to whole
life.
If offender is deemed suitable for release after that point, he/she is
released on life licence which means they can be returned to
custody if at any point they commit another offence.
Sentences for murder
Mandatory life sentences
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Custodial Sentences
An increasing number of offenders are now
being given whole life sentences.
See Criminal Justice Act 2003 s 269 and
schedule 21 for the scale of terms and offences
for which they are given.
Aggravating and mitigating factors will be
considered by the judge to increase or lower the
tariff set.
Custodial Sentences
Discretionary life sentences
The judge will have a choice of giving a life
sentence for some serious offences including
manslaughter, rape and armed robbery.
The choice will be based on the seriousness of the
offence and aggravating and mitigating factors
involved.
The judge can impose any sentence but this is a
maximum.
Custodial Sentences
Fixed term sentences
The judge will set a fixed term of imprisonment
according to a range of factors, including
whether there is a minimum or maximum laid
down for the offence in statute, the seriousness
of the offence, the offender’s previous
convictions etc.
Offenders will be released after half of the
sentence has been served in prison and spend
the remaining time on licence.
Custodial Sentences
When a judge imposes a custodial sentence a pre-
sentence report will normally be prepared by the
probation service (unless the sentence is fixed by law)
– this report will help the judge in deciding upon the
appropriate sentence
The Offender Rehabilitation Act 2014 – imposes
rehabilitative supervision and mentoring support for 12
months upon release from custody for all offenders
serving less than 2 years
Custodial Sentences
There are a range of other custodial sentences available to the
Court:
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Under s 226A CJA 2003 for specified violent or sexual offences where an additional
time period will be added to the sentence where the offender is on licence in the
community but under more control if they are likely to commit further offences.The
extension period must not exceed 5 years for violent offences or eight years in the
case of sexual offences.
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these were introduced by the Crime and Disorder Act 1998 and provisions are now
contained on the CJA 2003. When an offender is released early there will frequently
be a curfew requirement attached to the release conditions.
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Imposed for specified offences for repeat offenders, e.g. drugs and theft.
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The actual sentence can be deferred for up to 2 years and the offender will not serve
the sentence if they commit no further offences during that time period, or will serve a
reduced sentence.
Custodial Sentences
Suspended sentence
ss 189-194 of the CJA 2003 a custodial sentence can be
suspended
A sentence can be suspended for between 6 months and 2 years
The offender can be required to undertake activities within the
community
If the offenders breaches the term of the suspension, then the
sentence will be activated
Committing another offence during the suspension period will also
contrite a breach
The Criminal Justice and Immigration Act 2008 abolished
suspended sentences for summary only offences
Fines
A fine may be imposed for almost any offence other than murder
Fines can be awarded to offenders where deemed appropriate
by the Courts
The Legal Aid, Sentencing and Punishment of Offenders Act
2012 abolished the maximum fine (£5,000) that the Magistrates
can hand down, magistrates can now impose a fine, for more
serious offences, ‘of any amount’
Fines are unlimited in the Crown Court
Fines are calculated based on the seriousness of the offence
and the offender’s means
Courts can increase likelihood of payment through an
attachment of earnings order or deduction from benefits.
Fines
The problem with imposing fines is that many offenders
simply do not pay them.
They obviously cannot escape punishment by not paying
so therefore they end up being imprisoned for non
payment.
Imprisonment can be seen as extremely punitive for a
crime that only required a fine in the first place.
Fines
Under the Courts Act 2003, provision was made for a
statutory instrument for the discharge of fines by
unpaid work.
Discharge of Fines by Unpaid Work (Prescribed
Hourly Sum) Regulations 2004 state that the fine will
be discharged at a rate of £6 for each hour of unpaid
work completed.
This has significantly reduced the amount of fine
defaulters and has been fairly successful.
Fines
Under the Courts Act 2003, provision was made for a
statutory instrument for the discharge of fines by
unpaid work.
Discharge of Fines by Unpaid Work (Prescribed
Hourly Sum) Regulations 2004 state that the fine will
be discharged at a rate of £6 for each hour of unpaid
work completed.
This has significantly reduced the amount of fine
defaulters and has been fairly successful.
Community Sentences
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The requirements are set out in the Criminal Justice Act 2003 s
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Home Office statistics show that 56% of offenders who have
received a community sentence reoffend within 2 years.
Community Sentences
In small groups, locate the list of requirements that
can be placed on community sentences in CJA
2003.
Once you have this list, find out some details about
each of the requirements.
Put together a power point presentation to show to
the whole group with your findings and for further
discussion.
Discharges
Conditional discharge
Usually used with first time offenders for petty crimes
where punishment is not seen to be necessary. Offender
will not be punished for the offence provided they commit
no further offences for a specified period of time. If they
do commit further offences, then they will be brought
back to court and punished for both the previous offence
and the current offence.
Absolute discharge
Courts can decide that the offender does not need any
formal punishment despite the fact that they have
committed an offence.
Other sentences
Driving disqualification
Can be given for certain driving offences, most
commonly drink driving convictions.
Compensation and restitution orders
Courts can order the offender to compensate the
victim (compensation order), or return property to
the victim (restitution order).
Other sentences
Injunctions to prevent gang-related violence - Policing and
Crime Court Act 2009
Criminal Behaviour orders – The Anti-Social Behaviour,
Crime and Policing Act 2014
Other sentences
Confiscation and civil recovery orders
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Deferred sentences
Under s.1 of the PCC(S)A 2000 - If the offender’s circumstances are going to
change which may change their behaviour then the court has the power to
defer the sentence by up to 6 months. The offender has to agree to this. It
doesn’t always mean that the offender will escape conviction as they still may
be given a lighter sentence when they return to court.
Other sentences
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Such an order is most often used following conviction for offences
involving organised crime, such as drug importation and money
laundering.
Other sentences
Serious crime prevention orders – created by the Serious
Crime Act 2007 – civil order that restricts or mandates the
activities of individuals or organisations for up to 5 years’
The aim of the order is to prevent the commission of
serious crime
Other sentences
Mental health orders – under the mental Health act 1983 the
Crown Court can order the detention of offenders in hospital
on conviction of an imprisonable offence, if they are suffering
from a mental disorder – the order can only be made if the
court considers such an order the most suitable way of dealing
with the offender
Binding over for good behaviour – dates back to the 13
th
century provisions contained in the Justice of the Peace Act
1361 and the Magistrates’ Courts Act 1980.
Adult sentencing involves 4 main categories of sentences: Custodial sentences (including mandatory life sentences), Community sentences, Fines, and Discharges. Custodial sentences for adult offenders can vary in duration from weekend prison to whole life imprisonment, with some offenses mandating a life sentence upon conviction. Recent legal developments have clarified the requirements for imposing and reviewing whole life sentences in murder cases. The use of whole life terms remains controversial, with considerations of human rights and the possibility of sentence review. Understanding the complexities and implications of custodial sentences is essential in the criminal justice system.
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Presentation Transcript
Adult sentencing There are 4 main categories of sentences available to the Court: Custodial sentences Community sentences Fines Discharges
Adult sentencing Custodial sentences For adult defendants a custodial sentence means prison The offender will spend some time in prison which can range from weekend prison to whole life imprisonment. A court should not pass a custodial sentence unless it considers that the crime was so serious that only a custodial sentence is justified - Criminal Justice Act 2003 s 152.
Custodial Sentences Mandatory life sentences Certain offences have a mandatory life sentence when committed for the first time e.g. murder. Following reform in 2012 under the amended s224A of the Criminal Justice Act 2003 a court MUST impose an automatic life sentence where an offender has been convicted of two very serious, violent or sexual offences, each justifying on their own a ten year custodial sentence. The sentences lasts for the whole of the offender s life but the judge will state a term of years that the offender must stay in custody before being considered for release. This term is based on the seriousness of the offence and ranges from 12 years to whole life. If offender is deemed suitable for release after that point, he/she is released on life licence which means they can be returned to custody if at any point they commit another offence.
Sentences for murder Mandatory life sentences In the past the Home Secretary decided when a person sentenced to life should be released from prison this was found to be in breach of human rights in R (on the application of Anderson) v Secretary of State for the Home Department (2002) In Vinter v UK (2013) the European Court of Human Rights held that prisoners cannot be given whole life tariffs with no prospect of release However In R v McLouglin; R v Newell (2014) the Court of Appeal disagreed with the ruling in Vinter and said that whole life terms do not breach Article 3 In Hutchinson v UK (2015) the European Court overruled its decision in Vinter whole life sentences are only incompatible with the Convention if there is no possibility of review.
Custodial Sentences An increasing number of offenders are now being given whole life sentences. See Criminal Justice Act 2003 s 269 and schedule 21 for the scale of terms and offences for which they are given. Aggravating and mitigating factors will be considered by the judge to increase or lower the tariff set.
Custodial Sentences Discretionary life sentences The judge will have a choice of giving a life sentence for some serious offences including manslaughter, rape and armed robbery. The choice will be based on the seriousness of the offence and aggravating and mitigating factors involved. The judge can impose any sentence but this is a maximum.
Custodial Sentences Fixed term sentences The judge will set a fixed term of imprisonment according to a range of factors, including whether there is a minimum or maximum laid down for the offence in statute, the seriousness of the offence, the offender s previous convictions etc. Offenders will be released after half of the sentence has been served in prison and spend the remaining time on licence.
Custodial Sentences When a judge imposes a custodial sentence a pre- sentence report will normally be prepared by the probation service (unless the sentence is fixed by law) this report will help the judge in deciding upon the appropriate sentence The Offender Rehabilitation Act 2014 imposes rehabilitative supervision and mentoring support for 12 months upon release from custody for all offenders serving less than 2 years
Custodial Sentences There are a range of other custodial sentences available to the Court: Extended sentences Under s 226A CJA 2003 for specified violent or sexual offences where an additional time period will be added to the sentence where the offender is on licence in the community but under more control if they are likely to commit further offences.The extension period must not exceed 5 years for violent offences or eight years in the case of sexual offences. Home Detention Curfew these were introduced by the Crime and Disorder Act 1998 and provisions are now contained on the CJA 2003. When an offender is released early there will frequently be a curfew requirement attached to the release conditions. Minimum sentences Imposed for specified offences for repeat offenders, e.g. drugs and theft. Suspended sentences The actual sentence can be deferred for up to 2 years and the offender will not serve the sentence if they commit no further offences during that time period, or will serve a reduced sentence.
Custodial Sentences Suspended sentence ss 189-194 of the CJA 2003 a custodial sentence can be suspended A sentence can be suspended for between 6 months and 2 years The offender can be required to undertake activities within the community If the offenders breaches the term of the suspension, then the sentence will be activated Committing another offence during the suspension period will also contrite a breach The Criminal Justice and Immigration Act 2008 abolished suspended sentences for summary only offences
Fines A fine may be imposed for almost any offence other than murder Fines can be awarded to offenders where deemed appropriate by the Courts The Legal Aid, Sentencing and Punishment of Offenders Act 2012 abolished the maximum fine ( 5,000) that the Magistrates can hand down, magistrates can now impose a fine, for more serious offences, of any amount Fines are unlimited in the Crown Court Fines are calculated based on the seriousness of the offence and the offender s means Courts can increase likelihood of payment through an attachment of earnings order or deduction from benefits.
Fines The problem with imposing fines is that many offenders simply do not pay them. They obviously cannot escape punishment by not paying so therefore they end up being imprisoned for non payment. Imprisonment can be seen as extremely punitive for a crime that only required a fine in the first place.
Fines Under the Courts Act 2003, provision was made for a statutory instrument for the discharge of fines by unpaid work. Discharge of Fines by Unpaid Work (Prescribed Hourly Sum) Regulations 2004 state that the fine will be discharged at a rate of 6 for each hour of unpaid work completed. This has significantly reduced the amount of fine defaulters and has been fairly successful.
Fines Under the Courts Act 2003, provision was made for a statutory instrument for the discharge of fines by unpaid work. Discharge of Fines by Unpaid Work (Prescribed Hourly Sum) Regulations 2004 state that the fine will be discharged at a rate of 6 for each hour of unpaid work completed. This has significantly reduced the amount of fine defaulters and has been fairly successful.
Community Sentences Criminal Justice Act 2003 introduced a community order that could be given to offenders with a variety of requirements attached to it. The requirements are set out in the Criminal Justice Act 2003 s 177. The Crime and Courts Act 2013 now states that every community sentence MUST contain a punitive element, such as unpaid work or a curfew order. Home Office statistics show that 56% of offenders who have received a community sentence reoffend within 2 years.
Community Sentences In small groups, locate the list of requirements that can be placed on community sentences in CJA 2003. Once you have this list, find out some details about each of the requirements. Put together a power point presentation to show to the whole group with your findings and for further discussion.
Discharges Conditional discharge Usually used with first time offenders for petty crimes where punishment is not seen to be necessary. Offender will not be punished for the offence provided they commit no further offences for a specified period of time. If they do commit further offences, then they will be brought back to court and punished for both the previous offence and the current offence. Absolute discharge Courts can decide that the offender does not need any formal punishment despite the fact that they have committed an offence.
Other sentences Driving disqualification Can be given for certain driving offences, most commonly drink driving convictions. Compensation and restitution orders Courts can order the offender to compensate the victim (compensation order), or return property to the victim (restitution order).
Other sentences Injunctions to prevent gang-related violence - Policing and Crime Court Act 2009 Criminal Behaviour orders The Anti-Social Behaviour, Crime and Policing Act 2014
Other sentences Confiscation and civil recovery orders Under the Proceeds of Crime Act 2002 the power to confiscate property has increased. The Act allows for the sue of civil recovery of the proceeds of criminal conduct, even where a person has not been convicted see R v May (2008) confiscation orders should deprive defendants of the benefit they have gained from their criminal conduct within the limits of their available means. Deferred sentences Under s.1 of the PCC(S)A 2000 - If the offender s circumstances are going to change which may change their behaviour then the court has the power to defer the sentence by up to 6 months. The offender has to agree to this. It doesn t always mean that the offender will escape conviction as they still may be given a lighter sentence when they return to court.
Other sentences Financial reporting order - provisions for this are contained in the Serious Organised Crime and Police Act 2005 - it requires offenders to give the authorities regular information about their financial affairs for up to 20 years. Such an order is most often used following conviction for offences involving organised crime, such as drug importation and money laundering.
Other sentences Serious crime prevention orders created by the Serious Crime Act 2007 civil order that restricts or mandates the activities of individuals or organisations for up to 5 years The aim of the order is to prevent the commission of serious crime
Other sentences Mental health orders under the mental Health act 1983 the Crown Court can order the detention of offenders in hospital on conviction of an imprisonable offence, if they are suffering from a mental disorder the order can only be made if the court considers such an order the most suitable way of dealing with the offender Binding over for good behaviour dates back to the 13th century provisions contained in the Justice of the Peace Act 1361 and the Magistrates Courts Act 1980.
