Powers of courts

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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
      • 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'
    • 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.

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