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Adult sentencing
Custodial sentences
Community sentences
Fines
Discharges
Adult sentencing
Custodial sentences
For adult defendants a custodial sentence means
prison
The offender will spend some time in prison
which can range from weekend prison to
whole life imprisonment.
Certain offences have a mandatory life sentence when committed for the
first time e.g. murder.
Following reform in 2012 under the amended s224A of the Criminal
Justice Act 2003 a court MUST impose an automatic life sentence where
an offender has been convicted of two very serious, violent or sexual
offences, each justifying on their own a ten year custodial sentence.
The sentences lasts for the whole of the offender’s life but the judge will
state a term of years that the offender must stay in custody before being
considered for release. This term is based on the seriousness of the
offence and ranges from 12 years to whole life.
If offender is deemed suitable for release after that point, he/she is
released on life licence which means they can be returned to custody if at
any point they commit another offence.
Sentences for murder
Mandatory life sentences
In the past the Home Secretary decided when a person sentenced to life
should be released from prison – this was found to be in breach of
human rights in R (on the application of Anderson) v Secretary of
State for the Home Department (2002)
Suspended sentence
Driving disqualification
Can be given for certain driving offences, most
commonly drink driving convictions.
Compensation and restitution orders
Courts can order the offender to compensate the
victim (compensation order), or return property to
the victim (restitution order).
Other sentences
Mental health orders – under the mental Health act 1983 the
Crown Court can order the detention of offenders in hospital on
conviction of an imprisonable offence, if they are suffering from
a mental disorder – the order can only be made if the court
considers such an order the most suitable way of dealing with
the offender
Binding over for good behaviour – dates back to the 13th
century provisions contained in the Justice of the Peace Act
1361 and the Magistrates’ Courts Act 1980.