Law revision sentencing prt2

what is a supervision order?

an under 18 year old offender supervised by a probation officer, social services, or member of youth offending team

what is the maximum time?

3 years

what is an action plan order?

intensive programme to promote a combination of rehabilitation, reparation and punishment to change offending behaviour and prevent further crime

for who?

under 18's

what does it require during a period of 3 months?

to participate in certain activities, to present themselves to a specified person at set times and places, to attend at an attendance centre

what is the maximum fine for a 10-13 yr old?

£250

for 14-17 yr olds?

max £1000

for 18+?

max £5000 in magistrates

what willa reparation order require?

orders to make reparation to person who were victim of offence or were affected by it

or to the community at large

what is the order for?

under 18s, a max of 24hrs work completed under supervision within 3 months of its imposition

what can't it be combined with?

custodial sentences, community service order, a combination order, a supervision order or action plan order

if reparation order is direct reparation to victim it can only be with what?

that person's consent

discharges can be made for which offenders?

offenders of any age, 1st time offenders, and minor crimes

when can't the court make discharges?

if offender had a breach of ASBO or sex offender order also of offender was convicted due to a previous offence and has been warned for it

reprimands and warnings should be in what?

public interest that offender should not be prosecuted

can only be done when?

if offender has not been convicted of a previous offence or was warned 2years before

if there is evidence that person has committed an offence and they admit to it

where is the case sent?

youth offending team rather than the court, and they will consider if the offender needs a rehabilitation scheme

if parents agree to keep child under control for a set period of up to 1 year and child commits an offence during that period what happens to the parent?

has to pay a fine of up to £1000

if parents refuse to keep control what can the court do?

use powers to fine parents

parents are bound to what?

to see if their child complies with any community sentence set

if offender under 16 is fined who is required to pay the fine?

the courts must require the offender's parents to pay

and what is taken into account?

parents financial situation is taken into account deciding the amount of the order

what is parenting orders intended to do?

offer training and support parents to help change their children's offending behaviour

what are the conditions implied by the courts?

escort child to school or have a responsible adult in the evening at home to supervise the child

when can the court make a parenting order?

when child is convicted of an offence

parent is convicted of an offence related to what?

to truancy, court makes an ASBO, or sex offender order or when court makes a child safety order

why should courts make a parenting order for under 16's?

otherwise it's not desirable in the interests of preventing the conduct which gave rise to the order

mentally ill offenders should not be what?

punished but receive treatment

in addition to the ordinary sentences, there are aims at providing treatment for such offenders such as...?

give offender a community sentence and a hospital order for treatment

community order made where mental condition is treatable

hospital order made when offender should stay in hospital for treatment

offenders who prove to be a danger to the community should be what?

sent to a secure hospital

who is this order made by?

only by the crown court

offenders who are detained and if the period is not specified the hospital can what?

only discharge them with the permission of the home secretary or mental health review tribunal

what are ASBOs?

anti-social behaviour order and are orders not criminal penalties

who are they given to?

offenders who have committed minor crimes that cause very less criminal damage

if offender is under ASBO what can happen to them?

be prevented to go to certain places or take part in certain types of behaviour

what is the aim of ASBO?

protect community and preventing offender in going into further criminal activity which would be worse

what keeps on increasing?

prison population

what's the highest in Europe?

UK

govt has tried to use what?

tougher community sentences than custodial sentences

what happens to women when they serve prison sentence?

separated from their children

greater use of custody was not caused by what?

an increase in the seriousness of female crime

what was the most common offence in female crime?

theft from shops

increase in women prison population than men in 2006

increase number of women who receive treatment for drug abuse and better service in community could provide what?

sentences without having to go to prison