Custodial Sentences.

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  1. CUSTODIAL SENTENCES

The Powers of Criminal Courts (Sentencing) Act 2000 states that a custodial sentence should not be passed, unless the court considers that the crime was so serious that only a prison sentence is justified, or the case involves a violent or sexual offence, and only a prison sentence would be adequate to protect the public.

  • Prison sentences

For the crime of murder the only sentence the court can impose is life imprisonment.  Where this happens the judge may recommend the minimum number of years the offender should serve, before he can be considered for parole and the Home Secretary will set the tariff.  For other crimes, the length of the sentence will depend on several factors, incl. the maximum sentence available for the particular crime, the seriousness of the crime and the defendant’s previous convictions.  

Prisoners do not serve the whole of the sentence passed by the court.  

        Anyone sent to prison for less than four years is automatically released after they have served half of the sentence.

        Long-term prisoners serving a sentence of four years or more will be automatically released after two-thirds of the time, but may be released on license after serving half the sentence.

The exact length of the time spent in prison is determined by their behaviour in prison.  

  • Home Detention Curfew

The Crime and Disorder Act 1998 allows early release from prison on condition that a curfew condition is included.  

        to encourage recently released prisoners to structure their lives more effectively as well as preventing re-offending.

        reduce the prison population.

  • Extended Sentences

Section 85 of the Powers Of Criminal Courts (Sentencing) Act 2000 gives the sentencing court power to pass an extended sentence for a sexual or violent offence.  This means that the offender is given a custodial sentence plus a further period (the ‘extension period’) during which the offender is at liberty on license.  

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        to have greater control over sexual offenders when they leave prison.  Such offenders are required to register with the police so that it is known where they live.

  • Suspended Prison Sentences

An adult offender may be given a suspended prison sentence of up to two years (six months max. in the Magistrates’ Court).  This means that the sentence does not take effect immediately.  The court will fix a time during which the sentence is suspended; this can be for any period of time of up to two years.  If during this time, the offender does not commit any further ...

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