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Sentencing Disposals (Chapters 4, 5, 6 and 8)

Sentencing Disposals (Chapters 4, 5, 6 and 8). Sentencing Disposals. Imprisonment Suspended sentence orders Community orders Fine & compensation Discharges. Sentencing Disposals. Discharges: Absolute and Conditional. Sentencing Disposals. Financial Penalties : Fines

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Sentencing Disposals (Chapters 4, 5, 6 and 8)

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  1. Sentencing Disposals (Chapters 4, 5, 6 and 8)

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

  12. COMMUNITY ORDERS: unpaid work requirements ‘Community payback’ (2006 on)

  13. 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)

  14. 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’

  15. 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))

  16. IMPRISONMENT ‘the shortest term commensurate with the seriousness of the offence’ (Criminal Justice Act 2003, s. 152(2))

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

  18. Imprisonment for public protection (indefinite) Originallymandatoryifa ‘serious’ violent or sexual offence and ‘a significant risk of serious harm to the public’; now discretionary (Criminal Justice Act 2003, s. 225; Criminal Justice & Immigration Act 2008, s. 13)

  19. Imprisonment for public protection (indefinite) Mandatoryifa ‘serious’ violent or sexual offence and ‘a significant risk of serious harm to the public’ (Criminal Justice Act 2003, s. 225)

  20. ‘Early release’ Criminal Justice Act 2003, ss. 237-268

  21. “Early release” ‘Fixed term’ (determinate) sentences: Normally released after ½ of term; second half served on ‘licence’

  22. ‘Early release’ ‘Fixed term’ (determinate) sentences: Normally released after half of term; can be released max. 135 days earlier on home detention curfew (with tagging); or max. 18 days earlier on ‘end of custody licence’

  23. Extended sentences Extended period of supervision after releaseif‘a significant risk of serious harm to the public’ (Criminal Justice Act 2003, s. 227)

  24. Life imprisonment and imprisonment for public protection Court fixes minimum (‘tariff’) period. On expiry of tariff, prisoner is eligible for parole.

  25. Mandatory life imprisonment (murder) Statutory guidelines for minimum ‘tariff’ periods (Criminal Justice Act 2003, Schedule 21)

  26. Mandatory life imprisonment (murder) Starting points for ‘tariff’: Whole life order if eg:- - sadistic/sexual murder of child - terrorist murder

  27. Mandatory life imprisonment (murder) Starting points for ‘tariff’: 30 years if murder eg:- - of PC - by firearm - in course of robbery or burglary

  28. Mandatory life imprisonment (murder) Starting points for ‘tariff’: 15 years otherwise

  29. ‘Custody plus’(not yet implemented) To replace imprisonment of up to 12 months (Criminal Justice Act 2003, ss. 181-2)

  30. ‘Custody plus’ (not yet implemented) Max. 3 months in prison + Min. 6 months on licence with conditions - especially unpaid work?

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