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Sentencing Disposals

Sentencing Disposals. Michael Cavadino. Sentencing Disposals. Imprisonment Suspended sentence orders Community orders Fine & compensation Discharges. Sentencing Disposals. Discharges: Absolute and Conditional. Sentencing Disposals. Financial Penalties : Fines Compensation Orders.

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Sentencing Disposals

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  1. Sentencing Disposals Michael Cavadino

  2. Sentencing Disposals • Imprisonment • Suspended sentence orders • Community orders • Fine & compensation • Discharges

  3. Sentencing Disposals Discharges: Absolute and Conditional

  4. Sentencing Disposals Financial Penalties: • Fines • Compensation Orders

  5. Sentencing Disposals Amount of fine should: • reflect seriousness of offence (s. 164(2)) • take account of offender’s means (s. 164(3)) (Criminal Justice Act 2003)

  6. Sentencing Disposals Compensation orders: Offender is ordered to compensate victim financially for loss, damage or injury.

  7. COMMUNITY ORDERS Probation orders Community rehabilitation orders (2001) Community orders with supervision requirements (Criminal Justice Act 2003)

  8. COMMUNITY ORDERS Community order: Contains one or more of 14 requirements (s. 177, CJA 2003)

  9. COMMUNITY ORDERS: requirements • unpaid work • activity • programme • prohibited activity • curfew (‘tagging’) • exclusion. . .

  10. COMMUNITY ORDERS: requirements ctd.. • residence • mental health treatment • drug rehabilitation • alcohol treatment • supervision • attendance centre (under 25s)

  11. COMMUNITY ORDERS: requirements ctd.. foreign travel prohibition alcohol abstinence and monitoring (Added by Legal Aid, Sentencing andPunishment of Offenders Act 2012)

  12. COMMUNITY ORDERS: Unpaid work requirements Community service orders Community punishment orders (2001) Community orders with unpaid work requirements (Criminal Justice Act 2003)

  13. COMMUNITY ORDERS: Unpaid work requirements “Community payback” (2006 on)

  14. COMMUNITY ORDERS • offence is serious enough to warrant the order; • requirements are the most suitable for the offender; and • restrictions on liberty are commensurate with seriousness of offence (CJA 2003 s. 148)

  15. Anti-Social Behaviour Orders (‘ASBOs’) Crime and Disorder Act 1998, s.1 - any person aged 10+ who has acted in a manner ‘likely to cause harassment, alarm or distress’

  16. Anti-Social Behaviour Orders (‘ASBOs’) To be replaced by ‘criminal behaviour orders’ and ‘crime prevention injunctions’? (February 2011)

  17. IMPRISONMENT - only if offence is “so serious that neither a fine alone nor a community sentence can be justified” (Criminal Justice Act 2003, s. 152(2))

  18. IMPRISONMENT “the shortest term commensurate with the seriousness of the offence” (Criminal Justice Act 2003, s. 152(2))

  19. “Seriousness of the offence” “the court must treat each previous conviction as an aggravating factor” (Criminal Justice Act 2003, s. 143(2))

  20. “Seriousness of the offence” “The culpability of the offender in the particular circumstances of an individual case should be the initial factor in determining the seriousness of an offence. ” (SGC guideline on seriousness, December 2004)

  21. Factors indicating higher culpability: Offence committed whilst on bail for other offences Failure to respond to previous sentences Offence was racially or religiously aggravated Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) Offence motivated by, or demonstrating, hostility based on the victim’s disability (or presumed disability) Previous conviction(s), particularly where a pattern of repeat offending is disclosed Planning of an offence An intention to commit more serious harm than actually resulted from the offence Offenders operating in groups or gangs ‘Professional’ offending Commission of the offence for financial gain (where this is not inherent in the offence itself) High level of profit from the offence An attempt to conceal or dispose of evidence Failure to respond to warnings or concerns expressed by others about the offender’s behaviour Offence committed whilst on licence Offence motivated by hostility towards a minority group, or a member or members of it Deliberate targeting of vulnerable victim(s) Commission of an offence while under the influence of alcohol or drugs Use of a weapon to frighten or injure victim Deliberate and gratuitous violence or damage to property, over and above what is needed to carry out the offence Abuse of power Abuse of a position of trust

  22. Imprisonment for public protection (indefinite) Was available if: a “serious” violent or sexual offence; and “a significant risk of serious harm to the public” (Criminal Justice Act 2003, s. 225)

  23. Imprisonment for public protection (indefinite) Originallymandatoryif: a “serious” violent or sexual offence; and “a significant risk of serious harm to the public” thendiscretionary (Criminal Justice Act 2003, s. 225; Criminal Justice & Immigration Act 2008, s. 13))

  24. Imprisonment for public protection (indefinite) Abolished by: Legal Aid, Sentencing and Punishment of Offenders Act 2012, s. 123 and replaced by. . .

  25. MANDATORY AND MINIMUM SENTENCES Mandatory ‘two strikes’ life imprisonment (Legal Aid, Sentencing and Punishment of Offenders Act 2012, s.122)

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