Custodial sentencing

View mindmap
  • CUSTODIAL SENTENCES
    • WHAT?
      • It's the most severe sentence and is given for the most serious offences
      • Under s152 Criminal Justice Act, 2003, it states that they're only given to those offences 'so serious that neither a fine nor community sentence can be justified for the offence'
    • 4 DIFFERENT TYPES OF CUSTODIAL SENTENCE
      • Determinate
        • Where the court states an amount of time that the offender must stay in prison for
        • It's the most common type of sentence
      • Imprisonment for life
        • Covered under s225 Criminal Justice Act, 2003 that the offender should serve imprisonment for life when;
          • 1. They're convicted of a serious offence
          • 2. The offender poses a significant risk to the public
          • 3. The max. penalty for the offence is life imprisonment
          • 4. The Court considers seriousness of offence/the offence and other associated offences which then justifies life imprisonment
      • Imprisonment for public protection
        • Covered under s225 Criminal Justice Act, 2003 that the offender should serve imprisonment for life when;
          • 1. They're convicted of a serious violent offence, punishable by imprisonment for life / determinate period for more than 10 years
          • 2. The offender poses a significant risk to the public
          • 3. The offence is punishable with life imprisonment and the court is satisfied that the seriousness of the offence justifies such a sentence
          • 4. The offender has previous conviction for an offence listed in Schedule 15A to the CJA, 2003
      • Indeterminate
        • Where the Court sets a min. amount of time the offender has to serve in prison before release by the Parole Board
    • WHOLE LIFE SENTENCES
      • Extremely rare
      • Are given to the most serious offenders/persistent offenders
      • These prisoners can only be released on compassionate grounds (e.g. allowed to attend a family funeral) with the permission from the secretary of state
    • MANDATORY LIFE SENTENCES
      • This is a compulsory sentence given by the judge to those offenders who've been convicted of murder
      • If they're considered for realise by the Parole Board, they'll be 'on licence' for life
        • 'On licence' = they don't have to be at prison by are subject to recall to prison at any time

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »