Powers of courts
- Created by: LivyChapman
- Created on: 07-11-16 05:18
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- Powers of the Court
- Custodial sentences
- Most serious, range from few weeks to life imprisonment
- Types
- Mandatory and discretionary
- M: Life only for murder. Minimum can be made
- Minimum term governed by Criminal Justice Act
- Offences starting at 30 years eg murder of officer
- Offence not specifically given a starting point/while life is 15yrs (12 for 18-)
- fixed-term
- Imprisonment for set number of months or years
- Automatic release after half of sentance
- Offenders aged 21+ can be sentenced to imprisonment
- Suspended
- Sentence does not take effect straight away
- Prisoner will not be sentenced if they do not offend in the time
- Only given when custordial is appropriate but there is exceptional circumstances
- Can be combined with community order
- Combined with any order deemed appropriate by Crown Court
- Mandatory and discretionary
- Must be fore serious offences (s152 Criminal Justice Act 2003)
- Young offender: Sentence must be last resort
- Community orders
- Unpaid work
- Activity requirement
- Programme requirement
- Prohibited activity
- Curfew
- Exclusion requirement
- Residence
- Mental health treatment
- Drub rehab
- Alcohol treatment
- Supervision
- Attendance center(u25)
- Fines
- Most common
- Max fine £5000
- Magistrates can impose fine up to £20000 on businesses.
- Small percentage of offenders dealt with by fine at Crown Court
- Discharges
- Conditional
- Used when punishment not nessessary
- No furrther offence committed (set period up to 3 years)
- If offender re offends another conditional charge may be imposed plus a penalty
- Used a lot in Magistrates for first time minor offences
- Absolute
- No penalty
- Unlikely to be procecuted
- Offender not 'guilty'
- Conditional
- Disqualification from driving
- Length depends on seriousness of offence
- Fine as well as disqualification
- First time drink driving: min 12 months
- Previous drink drive: min 3 years
- Disqualification for any crime involving a vehihcle
- Other powers
- Compensation and Restitution
- Order defendant to pay money
- Encouraged, if not used valid reason must be given
- Max amount: £5,000
- If defendant still has property of victim, courts can order that it is returned (restitution)
- Deprivation and forfeiture
- Court can deprive offender of property (seize car)
- Special powers to forfeiture in drug cases
- The Proceeds of Crime Act 1995 : power to take from criminals all profits from crime (max 6 years before conviction.
- Compensation and Restitution
- Custodial sentences
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