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Types of Sentences - Custodial (1. Custodial Sentences (includes:…
Types of Sentences - Custodial
1. Custodial Sentences
most serious sentence a court can impose
range from weeks to life imprisonment
only supposed to be used for the most serious offences
:black_flag: s.152 of the Criminal Justice Act 2003: "so serious neither a fine nor community sentence can be justified"
for young offenders, should be last resort
court must state reasoning for a custodial sentence
includes:
mandatory and discretionary life sentences
fixed-term sentences
suspended sentences
Custodial - Mandatory
for murder - only sentence a judge can impose
however, can state the minimum amount of years imprisonment, before release - which is governed by the :black_flag: CJA 2003: ranging from life to 12 years
there are differing starting points for each offence
most serve 25 years
murdering police on duty = minimum 30
Custodial - Discretionary
for other serious offences, such as manslaughter, rape, robbery - the max. sentence is life, but the judge does not have to impose it
the judge has complete discretion in sentencing and can give a lower sentence where appropriate
indictable offences
Custodial - Fixed-term
for other crimes, the sentence will depend on several factors including max. sentence available, seriousness of crime and D's prior record
imprisonment for a set number of months or years
prisoners are automatically released after half of the sentence
remaining half is licensed
if you offend whilst out, you get sent back in for the rest of the offence
this is because prisons are so packed
85k people, 20k people 60 years ago
Custodial - Suspended
suspended up to 2 years
sentence does not take effect immediately
if no other offences committed, then D will not have to go to prison
if they do, sentence becomes 'activated' and must serve prior sentence and sentence for new crime
should only be given where custodial would normally be set, but exceptional circumstances which justify the suspense of the sentence
e.g. single parent with kids and nobody else to care for them
can be combined with any elements of a community sentence, if fail to comply, may be activate