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SENTENCING - Coggle Diagram
SENTENCING
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CUSTODIAL SENTENCES
Mandatory life sentence: for murder the only sentence a judge can impose is a life sentence. The starting points range from a full life term down to 12 yrs depending on the facts
Discretionary life sentences: s18 of the offences against the person ACT 1861 the maximum sentence is life imprisonment but the judge doesn't have to impose it
Fixed term sentences: seriousness of the crime / defendant previous record / prisoners do not serve the whole year of the sentence
Suspended prison sentence: 2 yrs / does not take effect immediately / no crimes committed no time served
COMMUNITY ORDERS
Unpaid work requirement: work for between 40 - 300 hours on a suitable project organized by the probation serves
Prohibited activity requirement: prevent defendants from committing another crime of the type they have just committed
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Supervision requirement: offenders are placed under the supervision of a prohibition officer for a period up to 3 years
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DISCHARGES
Conditional discharge: the court discharges an offender on the condition that no further offence is committed during a set period of up to 3 yrs
Absolute discharge: no penalty is imposed / it is likely to be used where an offender is technically guilty but morally blameless / it is not often used
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