Custodial sentence
Community orders
Fines
Discharges
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Custodial sentences
4 main types:
mandatory life sentence
discretionary life sentence
fixed term sentence
suspended sentence
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mandatory life sentence
mandatory life means that judges don't have any choice if D is guilty = sentenced to life has to be imposed. This is applied mainly to the offence murder.
judge can normally decide the minimum number of years that the defendant should serve before parole
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discretionary life sentence
this is where the maximum sentence for an offence is a life sentence BUT the judge does not have to impose life. the judge can decide on a lesser sentence.
aggravating and mitigating factors help a judge decide on a suitable length sentence
eg. section 18
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fixed term sentence
these are also known as DETERMINATE SENTENCES
(because the judge determines (decides) exactly how long the sentence should be for, eg 10 years.)
the judge will look at the recommended average time served for the offence
eg. section 20 assult
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suspended sentence
offender does not go to prison immediately, they are provided with requirements to stay out of prison
These requirements include:
doing unpaid work;
being subject to a curfew;
undertaking a treatment programme for alcohol or drugs;
being subject to a reha
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community orders
type of order is UNIQUE to each individual offender.
key requirements added to community order:
-unpaid work requirement
-curfew requirement
-a programme requirement (anger management)
-drug/ alcohol treatment requirement
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fines
most common way of dealing with a case in magistrates court.
punishment for a summary offence
fine payed to the state
a form of sentencing will be received if fine is failed to be payed
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discharges
conditional discharge: court releases offender on the condition no further offence is committed
eg. young first time offenders
absolute discharge: means no punishment is imposed
(no point for punishment)
eg. elderly, full time career, seriously ill
aggravating factors: this will mean Ds sentence will be harsher
eg. use of a weapon
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factors affecting sentencing
(mitigating factors)
mitigating factors: these will render your offence to be less serious and your sentence will be more lenient
eg. first time offender, guilty plea, showing remorse
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Other cards in this set
Card 2
Front
4 main types:
mandatory life sentence
discretionary life sentence
fixed term sentence
suspended sentence
Back
Custodial sentences
Card 3
Front
mandatory life means that judges don't have any choice if D is guilty = sentenced to life has to be imposed. This is applied mainly to the offence murder.
judge can normally decide the minimum number of years that the defendant should serve before parole
Back
Card 4
Front
this is where the maximum sentence for an offence is a life sentence BUT the judge does not have to impose life. the judge can decide on a lesser sentence.
aggravating and mitigating factors help a judge decide on a suitable length sentence
eg. section 18
Back
Card 5
Front
these are also known as DETERMINATE SENTENCES
(because the judge determines (decides) exactly how long the sentence should be for, eg 10 years.)
the judge will look at the recommended average time served for the offence
eg. section 20 assult
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