P5: Describe the sentences available for specific offences
M4: Compare the sentences available for specific offences
D2: Evaluate the law and sentences on specific non – fatal offences
P5: Describe the sentences available for specific offences
M4: Compare the sentences available for specific offences
D2: Evaluate the law and sentences on specific non – fatal offences
In this report, I will be exploring the sentencing techniques on different types of offences as well as
evaluate the law and sentences on specific non – law fatal offences.
The first type of sentence I will be exploring is custodial sentences. A custodial sentence is the most
serious punishment that can be imposed which range from a few weeks to life imprisonment.
Custodial sentences are meant for serious cases only. The custodial sentences include;
- Mandatory life sentences: When the crime murder is committed the only sentence a judge
can impose is life however, the judge is allowed to state the minimum numbers of years that
person would need to serve as imprisonment before being eligible for release on licence.
The Criminal Justice Act 2003 gives judges clear starting points for the minimum period to be
ordered onto the offender. The period of imprisonment ranges from 12 years to full life.
- Discretionary life sentences: Offences under section 18 of the Offences Against the Person
Act 1861 are considered as serious and would be maximum sentence is full life
imprisonment. However, the judge does not need to impost that order and can give any
lesser sentence where appropriate. For serious cases if the offender has committed previous
offences then a life sentence should be given to the offender.
- Fixed term sentences: For other crimes the length of the sentence will depend on other
factors including the maximum sentence available, the seriousness of the crime and the
defendant’s previous convictions record if they have any. Imprisonment for a set number of
months or years is called a fixed term sentence.
- Suspended prison sentences: An offender may be given a suspended prison sentence of up
to two years and 6 months’ maximum in the Magistrates Court. This means that the
sentence is not fixed and during the two years if the offender commits more crimes then
their sentence will be increased. The prison sentence would be activated and the offender
would serve that sentence alongside the with the other sentence for the new offence. A
suspended sentence should only be given where the case is serious and an immediate
custodial sentence would have been appropriate but there are exceptional circumstances in
the case that justify suspending the sentence.
Community orders are another sentencing technique where the court can combine any
requirements they think are necessary. The sentences can mix and match requirements in order to
fit their lifestyle as well as the restrictions and rehabilitation to the offenders needs. An example of
the requirements is; unpaid work requirement, curfew requirement, mental health treatment,
drug/alcohol rehabilitation requirement and supervision requirement. The requirements would be
linked to their offence if possible for example alcohol or drug abuse would be given alcohol and drug
treatment for rehabilitation so it prevents the offender from committing further offences.
I have received case studies from two clients that would need my help for choosing the best suited
type of sentence linking to their offences. I will start with Roger Davies, from reading what has
happened I can convey that the most appropriate sentence would be discretionary life sentence as
the offender has previous convictions as well as community orders. Roger committed this offence
with intent which comes under section 18 and the type of offence is grievous bodily harm (GBH).
This is considered as a serious crime and has put Victor in serious health and safety risks as he now
has to walk with a walking stick. Victor is also 66 years’ old which is not the age to be getting himself
in any injuries as it would take longer to heal which would be an aggravating factor. There are a lot
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