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Non Custodial Sentencing Table Adults And Youths Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Non Custodial Sentencing Table Adults And Youths 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:

NON-CUSTODIAL SENTENCES ADULTS (18+) SENTENCE

Type

Test

Court

Breach

Type

Test

Court

Breach

Discharge

Absolute discharge

Reflects triviality /
circumstances of offence

CC

N/A?

CCConditional discharge

Max period 3 years

CAUnlimited fine.

Can't combine with punitive measure

Fine Cannot:?

YOUTHS

Only condition is noncommission of further offences CC

Must fix term of imprisonment in default, dependant on amount between 7 days and 10 years.

combine with hospital order /
discharge impose for dangerous offender or PCC(S)A offence

Mags'

Max PS5000 (per summary /
either-way offence) - no maximum aggregateIf J receives 2 youth cautions
/ youth conditional cautions /
mix AND convicted of another offence within 2 years of last caution, can't get.

Mags' do all enforcement for fines.Unlimited fine

U16: must order parent to pay

No imprisonment in default

O does not have means to pay Order time to pay / instalments

Must enquire into financial circumstances, and take into account.Commission of offence within 3 year period

O fails to pay

Mags'

Mags' issue summons to bring O back before court and may order:??time to pay / instalments /
reduce amount of instalments remit fine (if change of circumstances / imposed with inadequate means info) - need CC's consent if they imposed immediate imprisonment for default term if:

o

O already serving custodial sentence; OR

o

imprisonable offence and O has means to pay immediately; OR

o

default due to wilful refusal / culpable neglect proved BRD

suspended imprisonment, conditional on instalments attachment of earnings /
benefits

N/A Bind over

To keep the peace

W, D, C

Mags'

Person bound over

CC

Forfeit surety.

Youth court Adult mags'

CC

16 / 17: may order parent to pay

14-17: max PS1000

Youth

U14: max PS250

court Adult mags'N/A

promises to pay sum if misbehaves.

CA

Court must fix period and amount of surety. To come up for judgment

Need D's consent

CC only

Sentence kicks in. May forfeit surety

Bound over on surety Parental - to keep proper care of and control O

Need parent's consent, but if don't give can fine up to
PS1000

Adult mags'

Parent forfeits surety up to
PS1000

Adult mags'

Fine up to PS1000

Can include compliance with YRO Max 3 years - ceases when turn 18 If desirable in interests of justice must make for U16 and may make for 16 / 17

Parenting orderDesirable in interests of justice to prevent further offences?

N.B. commission of further offence by J [?] breach

May need report to decide. Requires parent to comply with requirements for 12 months. May / must if previous parenting order counselling.

Reparation orderAny offence except murder.

CC

N/A

Must make if:

CC

N/AYouth court

If not serious enough to justify YRO.

Can't mix with:

Max 24 hours work.detention

Court mustYRO?Referral order Can only mix

= referral to youth offender panel - agree contract with

obtain report on what work suitable explain consequences of failure to comply obtain consent of person in order

not murder

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