Custodial sentencing
- Created by: cassiarh01
- Created on: 04-02-19 14:49
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- 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
- Covered under s225 Criminal Justice Act, 2003 that the offender should serve imprisonment for life when;
- 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
- Covered under s225 Criminal Justice Act, 2003 that the offender should serve imprisonment for life when;
- Indeterminate
- Where the Court sets a min. amount of time the offender has to serve in prison before release by the Parole Board
- Determinate
- 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
- WHAT?
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