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A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxification (especially cold turkey). As 'custodial' suggests, the sentence requires ...
fixed-term sentences; intermittent custody; suspended sentences; Section 230 of the Sentencing Act 2020 [36] states that the court must not pass a custodial sentence unless it is of the opinion that the offence (or combination of offences): "was so serious that neither a fine alone nor a community sentence can be justified". The court must ...
Community sentence £114 Custodial sentence of 6 months and below £154 Custodial sentence, 6 months to 2 years £187 Custodial sentence over 2 years £228 (only in Crown Court) Other figures apply for legal persons who are not individuals; and offenders aged under 18. Official figures show that £51 million was raised between 2010 and 2014. [2]
The majority of sentences are non-custodial. [6] For either-way offences, if the magistrates feel that their powers of sentencing are insufficient, they can send the case to the Crown Court, who can impose a more severe sentence. Often the point is to achieve restorative justice (compensation of victims of crime) and reformation of the offenders.
The "starting sentence" is a short custodial sentence, and it is considered a more serious offence than common assault. The constable must be acting "in the execution of his duty" for this offence to be made out. If he exceeds the remit of his duty (e.g. acts unlawfully in assaulting the fefendant), the offence will not be made out.
Custodial sentences of over four years will never become spent and must continue to be disclosed when necessary. Under the 2012 Act, the rehabilitation period starts on the date of conviction in the case of fines, but for custodial sentences it starts after the offender has completed the sentence (including time on licence) and for community ...
In the Crown Court sentences of between 14 days and 12 months in the Magistrates' Court sentences of between 14 days and 6 months may be suspended. [49] Custody for life. Exceptionally, a person aged 18–21 may be sentenced by the Crown Court to custody for life where a person aged 21 or over would be liable to imprisonment for life. [50]
The combination of convictions exceeds 12 months' custody; The conviction requires more than 12 months' custody; Committals may also arise from breaches of the terms of a Community Order or a suspended custodial sentence. In 2015, the Crown Court dealt with 30,802 cases for sentencing from the magistrates' courts. [7]