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Non Custodial Sentences Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Non Custodial Sentences notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ABSOLUTE DISCHARGE

? all criminal courts, all ages of offender, all offences
? court decides inappropriate to inflict punishment (e.g. D not culpable) CONDITIONAL DISCHARGE

? all criminal courts, all ages of offender, most offences
? sole condition = non-commission of offences during period fixed by court (up to 3 years)

? CANNOT combine with punitive measure for same offence
? does NOT count as conviction Breach of conditional discharge

? only by conviction for further offence in period
? if court dealing with breach made the conditional discharge, can sentence offender for original offence as if just convicted (mags' made, CC limited to mags' powers)

? one mags' can deal with an order made by another only with consent
? mags' CANNOT re-sentence for breach of conditional discharge imposed by CC, must commit to CC

FINES CROWN COURT

? can impose fine in addition to any other punishment except: o hospital order o conditional discharge for same offence o s224A, s225, s226 CJAmust fix term of imprisonment (21+) OR detention in YOI (18-20) in default:
PS

Maximum term in default

1-200

7 days

201-500

14 days

501-1000

28 days

1001-2500

45 days

2501-5000

3 months

5001-10,000

6 months

10,001-20,000

12 months

20,001-50,000

18 months

50,001-100,000

2 years

100,001-250,000

3 years

250,001-1 million

5 years

over 1 million

10 years

MAGS' Adults

? summary offences o Maximum and guideline fines 18+
Level

Max fine

1 PS200

2 PS500

3 PS1000

4 PS2500

5 PS5000

? either way offences (summary conviction) o mags' may fine up to PS5000 (the prescribed sum), or whichever is greater if offence prescribes maximum penalty

? limits are per offence o ? 5 x summary offence = PS25,000 Fining juveniles (under 18)

? 14 - 18 - max = PS1000
? under 14 - max = PS250 Financial circumstances order

(a) must inquire into financial circumstances and take them into account before fixing fine (hardship OK, beyond means NOT)

(b) amount must be proportionate to seriousness of offence (c) if court has insufficient financial info, may make such determination as it thinks fit (offender convicted in absence / fails to comply with financial circumstances order) Enforcement of fines

? local mags' do all enforcement for fines imposed in mags' and CC
? payment o becomes due as soon as imposed o if offender does not have means to pay mags' mayallow time for paymentorder instalments

? failure to pay o mags issue summons requiring offender to appear before court and produce evidence of income

o mags' maygrant extra time / instalments / reduce instalmentsremit whole or part of fine if offender's circumstances have changed OR fine imposed with inadequate info about means (need CC's consent if imposed by them)

?

order immediate imprisonment for default term (or if none, according to max period table (capped at 18 months)) if:defaulter already serving custodial sentence; ORimprisonable offence + means inquiry shows has means to pay immediately; ORdefault due to wilful refusal / culpable neglect proved BRD AND repeat defaultorder suspended imprisonment, conditional on regular paymentsorder attachment of earnings / benefits - money comes out of wages / benefits

SURCHARGES

? when sentencing offender must order him to pay surcharge unless: o compensation order appropriate, but O has insufficient means; OR o absolute discharge granted
? money raised spent on V services BIND OVER Bind over to keep the peace

? mags, CC or CA
? D, W before court OR complainant can be bound over
? person bound over promises to pay specified sum in event of misbehaving during specified period

? court must fix: period for which person will be bound over AND amount to be forfeited in the event of default Bind over to come up for judgment

? CC only
? D can be bound over to come up for judgment, need D's consent
? bound over on surety
? if breach, sentence kicks in AND may forfeit surety COMMUNITY ORDERS IMPOSING A COMMUNITY ORDER Definition

? community order = order imposed on an offender aged 18+ for an offence committed on or after 4 April 2005, imposing 1+ community requirement Restrictions

? can only impose if: (a) community threshold passed: court must NOT pass unless offence(s) "serious enough to warrant"

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