Summary of Procedural Criminal Law and Sentencing in England

## Introduction Sentencing is the stage after a defendant is found guilty when the court decides the appropriate punishment and supervision. Sentencing aims to punish, protect the public, deter wrongdoing, rehabilitate the offender and make amends to victims and communities. > Definition: Sentencing is the judicial determination of a legal consequence imposed on a person convicted of a crime. ## Types of Courts for Young Defendants ### Youth courts (under 18) - All defendants under 18 are generally dealt with in youth courts regardless of whether the offence is summary, either-way, or indictable, except for certain serious charges. - If charged with homicide, a defendant under 18 must be tried on indictment (in a higher court). - A defendant under 18 may also be tried on indictment where the offence can carry at least 14 years' imprisonment or where the defendant is jointly charged with an adult being tried on indictment. - Youth court panels usually consist of three magistrates, with at least one man and one woman. - Proceedings in youth court are held in private, closed to the public and media. > Definition: Indictment is a formal charge requiring trial in a higher court rather than by magistrates. Fun fact: The youth court limits public access to protect young defendants’ privacy and rehabilitation prospects. ## Sentencing: Basic Principles Sentences depend on: - The type and seriousness of the offence - The offender's personal circumstances - Statutory maximum penalties Sentences can be grouped into the following main categories: ### 1. Custodial sentences - The most severe form of punishment, used for serious crimes. - The sentence imposed is the maximum time a person will be required to serve in prison (subject to release rules explained below). ### 2. Community sentences - Tailored to the individual to combine punishment, rehabilitation and reparation. - Options include: - compulsory unpaid work (up to 300 hours on community projects) - curfew requirement (must be at home during specified hours) - exclusion requirement (banned from certain areas for up to 2 years) - electronic monitoring (wear an electronic tag) - supervision by a probation officer (regular appointments) ### 3. Financial penalties and other options - Fine - Discharge (guilty finding but no further action) - Other orders (e.g. driving ban) > Definition: Community sentence is a court order that directs the offender to undertake unpaid work or meet other requirements instead of immediate imprisonment. Fun fact: Community payback schemes often involve offenders helping repair or improve public spaces, directly benefiting the community harmed. ## Concurrent vs Consecutive Sentences - Concurrent sentences: Multiple sentences served at the same time (effective length = longest sentence). - Consecutive sentences: Served one after another (effective length = sum of sentences). Example: A 6-month sentence plus a 3-month sentence served consecutively results in 9 months in custody; served concurrently results in 6 months. ## Suspended Sentences - A custodial sentence that is suspended and served in the community under conditions (e.g. avoidance orders, unpaid work). - Breach of conditions can lead to activation and immediate imprisonment. > Definition: Suspended sentence is a prison sentence that does not take effect unless the offender breaches specified conditions within a set period. ## Determinate vs Indeterminate Sentences ### Determinate prison sentences - Fixed-term sentences (a set number of months or years). - Anyone sentenced to more than 12 months is normally released on licence after serving half the sentence if not considered dangerous (parole mechanism applies). - Licence conditions apply; breach or reoffending can return the offender to prison. ### Indeterminate prison sentences - No fixed release date; the offender serves a minimum term (the tariff) and must be approved for release by the Parole Board. - Used when the off