Sentencing
- Created by: Samantha Hall-Burnett
- Created on: 05-04-13 12:15
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- Sentencing
- Custodial Sentences- most serious punishment a court can impose
- Section 152 of the Criminal Justice Act 2003 says the court must not pass a custodial sentence unless it is of the opinion that the offense 'was so serious that neither a fine alone or community sentence can be justified
- Custodial Sentences- most serious punishment a court can impose
- Mandatory and discretionary life sentences
- Custodial Sentences- most serious punishment a court can impose
- Section 152 of the Criminal Justice Act 2003 says the court must not pass a custodial sentence unless it is of the opinion that the offense 'was so serious that neither a fine alone or community sentence can be justified
- The only sentence for murder is a life sentence, the judge states a minimum number of years' imprisonment that the offender must serve before being eligible for release on license.
- The Criminal Justice Act 2003 gives judges clear starting points for minimum period to be ordered.
- Ranges from a full life sentence down to 12 years.
- The Criminal Justice Act 2003 gives judges clear starting points for minimum period to be ordered.
- Cases which have a starting point of 30 years
- the murder of a police or prison officer in the course of his duty
- a murder using a firearm or explosive
- the sexual or sadistic murder of an adult
- a murder that is racially or religiously aggravated
- once the judge has decided on the starting point of the sentence mitigating and aggravating factors are considered
- For an offender under the age of 18 their sentence is 12 years
- Discretionary sentences
- For other serious offenses such as manslaughter, robbery and **** the maximum sentence is life imprisonment but the judge doesn't have to impose it
- the judge has discretion in sentencting and can give a lesser offense where appropriate this could result in a fine or discharge.
- For other serious offenses such as manslaughter, robbery and **** the maximum sentence is life imprisonment but the judge doesn't have to impose it
- Custodial Sentences- most serious punishment a court can impose
- Indeterminate sentences
- Suspended sentences
- the sentence doesn't take effect immediately.
- The court will fix a time during which the sentence is suspended this can be for any period from 6 months upto 3 years and if the offender doesnt further commit in this time period then the prison sentence will not be served
- However, if the offender does commit within the period of suspension then the prison sentence is 'activated' and the offender will serve that senctence together with any sentence for the new offense.
- The court will fix a time during which the sentence is suspended this can be for any period from 6 months upto 3 years and if the offender doesnt further commit in this time period then the prison sentence will not be served
- the sentence doesn't take effect immediately.
- the defendants previous record
- the length of the sentence depends on several factors:
- the max sentence available for the particular crime
- the seriousness of the crime
- the length of the sentence depends on several factors:
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