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640708
Custodial sentences in the Crown Court
Description
Criminal Litigation Mind Map on Custodial sentences in the Crown Court, created by hargreas on 16/03/2014.
No tags specified
criminal litigation
criminal litigation
Mind Map by
hargreas
, updated more than 1 year ago
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Created by
hargreas
almost 11 years ago
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Resource summary
Custodial sentences in the Crown Court
Sentence of 12 months or more - not dangerous or life sentences
usually release after half on licence
Licence conditions
decided by prison governor and probation
Standard
report regularly to RO
Reside permanently at an address approved by the RO
undertake work only with the approval of the RO
Do not leave the UK
behave - good behaviour
Do not commit any offences
Murder
Mandatory Life sentence
Min tariff set in Sch 21 CJA 2003
Can be departed from but reasons must be given
3 x Class A traficking
s110 PCC(S)A 2000
7 years minimum
Unless unjust
3 x Domestic Burglary
s111 PCC(S)A 2000
3 years
unless particular circumstances unjust
cannot get more than 20% credit for EG plea - s 144(2) CJA
Fire arms offences
s51A Firearms Act 1968
Over 18 - 5 years
unless exceptional circs
under 18 - 3 years
DANGEROUS OFFENDERS
s225 CJA 2003
18+
Sch 15 offence
punishable with life sentence
Court - sig risk of serious harm to public
seriousness of the offence justifies imposition of life sentence
MUST be imposed
s224A CJA 2003
2nd listed offence
over 18
Previous sentence condition
at time of offence had already been convicted of an offence on Sch 15B AND
for that offence received a sentence of life (5 years before release) or at least 10 years
Sentence condition
offence committed on Sch 15 B CJA
Court would impose a sentence of at least 10 years
MUST impose
unless PARTICULAR CIRCS make it UNJUST
EDS
Over 18
Convicted of specified offence
s224A / s225 do not apply
at time of the offence
previous sch 15 B conviction OR
court will impose a sentence of 4 years +
MAY impose EDS
Custodial sentence
Extended licence period
If under 10 years cust out auto after 2/3
If over 10 SOS must refer to parole - not until confinement unnecessary
5 years max for spec violent offence
8 years max for spec sex offence
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