Non-custodial Sentences
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Questions and Answers

What must happen if there is a breach of a community order within 12 months after a warning is issued?

  • The case must go back to the court. (correct)
  • The offender is granted an absolute discharge.
  • The probation officer can decide the penalty.
  • The offender can appeal the warning.

    • In what instance can the probation service include details of a breach when laying information?

  • If the Crown Court has referred the case to magistrates' court.
  • At any time regardless of circumstances. (correct)
  • Only if the offender acknowledges the breach.
  • When there is a reasonable excuse for non-compliance.

    • Under what condition can an offender be sentenced on the basis of their age when a community order was made?

  • Only if they have committed multiple offences.
  • If the offender was a minor at the time of the original order. (correct)
  • Only when the offender appeals their sentence.
  • If the breach was formally proved.

    • What must be established for a breach of a community order to be actionable in court?

    <p>The facts of the breach and original offense must be presented.</p> Signup and view all the answers

    Which penalty can the court NOT impose if it has found the offender in breach of a community order?

    <p>Incarceration of up to 6 months.</p> Signup and view all the answers

    What must be proven for the court to act on a breach of a community order?

    <p>The absence of any reasonable excuse for non-compliance.</p> Signup and view all the answers

    What is a potential consequence for non-compliance with a community order regarding current sentencing?

    <p>More onerous requirements may be imposed on the offender.</p> Signup and view all the answers

    What type of order must be made by the Crown Court regarding breaches if a direction is included in the community order?

    <p>Breaches are to be dealt with exclusively by the powers of the magistrates' court.</p> Signup and view all the answers

    What is a defining characteristic of an order for absolute discharge?

    <p>The court believes punishment is inexpedient.</p> Signup and view all the answers

    Which of the following statements about an absolute discharge is true?

    <p>It may include disqualification orders against the offender.</p> Signup and view all the answers

    Under what conditions can a court issue an order for absolute discharge?

    <p>If the offender is convicted in a criminal court.</p> Signup and view all the answers

    What factor does NOT influence the court's decision to grant an absolute discharge?

    <p>The notoriety of the offender's past actions.</p> Signup and view all the answers

    Which of the following is a common misconception about absolute discharge?

    <p>It completely expunges the offender's criminal record.</p> Signup and view all the answers

    What may accompany an order for absolute discharge?

    <p>Orders for compensation or deprivation.</p> Signup and view all the answers

    Which of the following is NOT a typical element considered when determining if an absolute discharge is appropriate?

    <p>The impact of the offence on the community.</p> Signup and view all the answers

    What is the maximum duration for which a conditional discharge order can be specified?

    <p>3 years</p> Signup and view all the answers

    Which type of discharge is specifically NOT a community sentence?

    <p>Absolute discharge.</p> Signup and view all the answers

    Under what circumstance may a court choose not to inflict punishment on an offender?

    <p>If it is deemed inexpedient to inflict punishment</p> Signup and view all the answers

    What type of orders can a court impose even when making a conditional discharge?

    <p>Disqualification orders</p> Signup and view all the answers

    What does the conditional discharge solely depend on for the offender?

    <p>Committing no further offence</p> Signup and view all the answers

    Which of the following is NOT a type of order that can be made concerning the offence with a conditional discharge?

    <p>Community rehabilitation order</p> Signup and view all the answers

    What is a primary factor that influences a court's decision to assign a conditional discharge?

    <p>The character of the offender</p> Signup and view all the answers

    In the context of conditional discharge, what might 'security for good behaviour' refer to?

    <p>A financial guarantee provided by a third party</p> Signup and view all the answers

    Which aspect of the legal system does breach of a sexual harm prevention order relate to?

    <p>Public safety measures</p> Signup and view all the answers

    Which of the following statements about an absolute discharge is true?

    <p>An absolute discharge may lead to a driving disqualification.</p> Signup and view all the answers

    What is required for a court to issue an order for conditional discharge?

    <p>The offence must not involve a mandatory sentence.</p> Signup and view all the answers

    Which of the following penalties cannot be imposed in conjunction with an absolute discharge?

    <p>A community order.</p> Signup and view all the answers

    Which of the following is a possible consequence of an absolute discharge?

    <p>The possibility of a confiscation order.</p> Signup and view all the answers

    What is the primary effect of an absolute discharge on the offender?

    <p>They have no further penalties imposed for the offence.</p> Signup and view all the answers

    Which of the following scenarios would render an offender ineligible for a conditional discharge?

    <p>The offence is related to a mandatory sentence requirement.</p> Signup and view all the answers

    What power does the court retain when an absolute discharge is issued for only one offence?

    <p>The power to impose a custodial sentence for other offences.</p> Signup and view all the answers

    Which statement about disqualification orders in relation to an absolute discharge is accurate?

    <p>Disqualification from acting as a company director can accompany an absolute discharge.</p> Signup and view all the answers

    What is the primary distinction between a conditional discharge and an absolute discharge?

    <p>A conditional discharge allows for punitive measures; an absolute discharge does not.</p> Signup and view all the answers

    Which of the following statements is true regarding a conditional discharge?

    <p>It allows for security to be given for the offender's good behaviour.</p> Signup and view all the answers

    What consequence follows a breach of a conditional discharge?

    <p>The offender can only be sentenced for the original offence.</p> Signup and view all the answers

    What powers does the court maintain in relation to other offences when granting a conditional discharge?

    <p>The court can exercise its normal powers of sentence for other offences.</p> Signup and view all the answers

    Which of the following cannot occur when an order for conditional discharge is made?

    <p>Combining it with a community order.</p> Signup and view all the answers

    What limits the Crown Court's power when dealing with a breach of a conditional discharge?

    <p>The original magistrates' court's sentencing powers.</p> Signup and view all the answers

    What describes the extent of the power to grant an absolute discharge across criminal courts?

    <p>It is universally applicable, regardless of offender age or offence nature.</p> Signup and view all the answers

    Which of the following can lead to a football banning order?

    <p>An offender being dealt with by way of a conditional discharge.</p> Signup and view all the answers

    Study Notes

    Absolute Discharge

    • No surcharge payable when an offence is dealt with by absolute discharge.
    • Criminal courts charge abolished since 24 December 2015; amount payable is £0.
    • Cannot be combined with punitive measures for the same offence, including custodial sentences, community orders, or fines.
    • If multiple offences are involved, the court may impose sentences for other offences while issuing an absolute discharge for one.
    • Can be paired with driving disqualifications, orders to disqualify from being a company director, exclusion orders under the Licensed Premises (Exclusion of Certain Persons) Act 1980, or deportation recommendations.
    • Football banning orders cannot be issued when an offence is dealt with by absolute discharge.
    • Supreme Court permits confiscation orders even if the offender is granted an absolute discharge.

    Conditional Discharge

    • An order discharges an offender under the condition of committing no further offence during a stipulated time.
    • Applicable when the offender is convicted and the offence does not require a mandatory sentence.
    • Imposed when it is deemed inexpedient to punish, considering the offence's nature and the offender's character.
    • Duration of conditional discharge can be no longer than 3 years.
    • The court can assign disqualifications or compensation orders during conditional discharge.
    • Conditional discharge cannot combine with custodial sentences, community orders, or fines.
    • Courts maintain discretion in allowing others to provide security for the offender's good behaviour.

    Breach of Conditional Discharge

    • Breached only through conviction of a new offence during the discharge period.
    • Courts addressing breaches can impose sentences as if the offender had been recently convicted of the initial offence.
    • Further breaches within 12 months necessitate returning to court.
    • Offender is sentenced based on age at the time of the original order.
    • Breaches must be proven in court, and the prosecution must present facts regarding both the original offence and the breach.
    • Court options for dealing with breaches include imposing fines or modifying community order requirements.

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    Description

    This quiz explores the concept of absolute discharge in criminal law, detailing its implications and restrictions. Learn about the abolition of the criminal courts charge and how it affects surcharges and punitive measures. Perfect for law students and professionals seeking to deepen their knowledge in legal terminology.

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