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Range of Sentencing (Custodial Sentence (Offences (Assault Maximum…
Range of Sentencing
Custodial Sentence
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Is the most serious sentence (when the offence is so serious no other sentence will be enough- s.152 Criminal Justice Act)
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Offences
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Murder: Mandatory life sentence.
There is a tariff system:
15 years minimum: for the murder of one person and not so grave
30 years: murder of a police or prison officer, or with the use of a weapon
Whole life: the murder of two or more persons, or if there is a sexual or sadistic conduct, or the murder of a child.
Suspended Sentence
A sentence can be suspended for up to a period of two years.This means that the sentence is not served unless the defendant re-offends. If they re-offend he will then have to serve the sentence for the new offence and the one that has been suspended. This will be given where there are exceptional circumstances that justify the sentence being suspended.
Community Sentence
This sentence combines punishment with activities carried out in the community.This can only be imposed if it’s serious enough to warrant such a sentence (s.148 Criminal Justice Act 2003). It can include one or more requirements that are set out under s.177 of the Criminal Justice Act 2003.
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Fines
Fines are one of the least serious sentences, it is often given with another sentence. It is a financial payment paid to the court, but the court can also order a they pay some compensation to the victim.
Possible Maximum Fines
Assault: £5,000 as tried in Magistrates court
Battery: £5,000 as tried in Magistrates Court
s.47 OAPA 1861: £5,000 if in Magistrates court, £unlimited if in the Crown Court
s.20 OAPA 1861: £5,000 if in Magistrates court, £unlimited if in the Crown Court
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Discharge
Absolute Discharge
Absolute discharge is where the court believes that it is punishment enough to have a criminal record and going to court. It may be suitable for assault or battery but non of the other offences mentioned.
Conditional Discharge
Conditional discharge is where the defendant commits another offence within a period set by the court (up to a maximum of 3 years) they can be sentences for the offence and the new one.
This may be suitable for assault or battery but not the other offences mentioned.