C) Non-custodial forms

Absolute Discharge. This order may be made by a court where it finds the accused guilty, but, having regard to all the circumstances, thinks it inexpedient to inflict any punishment or to impose a probation order.

Conditional Discharge. This is similar to the above except that the offender is discharged subject to the condition that he does not commit another offence. If he does, he will be liable to be sentenced for the original offence. The condition cannot remain in force for more than three years.

Binding Over. The offender is found guilty, but the court requires him to enter into a recognizance and to keep the peace and to be of good behaviour. Binding over is a form of preventive justice. If the offender does commit another offence, he is liable to forfeit the sum named in the recognizance or bond he has already entered into.

Probation Order. The order may be made requiring the offender to be placed under the supervision of a probation officer for a specified period (not more than 3 years). A probation order may be made subject to conditions designed to ensure that the offence is not repeated. If the conditions in the order are broken or a further offence committed during the period of the probation, the probationer may be recalled for sentence on the original charge.

Fine. This is the imposition of the payment of money to the court for an offence committed. Certain statutes lay down the maximum which may be imposed. All summary offences are punishable by a fine with a fixed maximum, in accordance with a standard scale of five levels.

Compensation Order. When someone has committed a criminal offence that caused personal injury, loss, or damage, the court may make a compensation order requiring the offender to pay the compensation resulting from that offence to the person suffering the loss. Magistrates’ courts may not make a compensation order for more than 5 000 pounds. The court must take into account the offender’s means and should avoid making excessively high orders or orders to be paid in long-term installments. A compensation order may be made for funeral expenses or bereavement in respect of death resulting from an offence other than death due to a motor-vehicle accident. Compensation orders may be made in addition to, or instead of, other sentences. A court must order a parent or a guardian of an offender under the age of 17 to pay a compensation order on behalf of the offender unless the parent or guardian cannot be found or it would be unreasonable to order him to pay it.

Suspended Sentence. A custodial sentence that does not take effect immediately. When a person is sentenced to imprisonment for less than two years, the court may, in exceptional circumstances, order that he should not actually be imprisoned unless he commits another offence within a specified operational period of between one and two years. If the suspended sentence is for a prison term of more than six months, the court may also make a suspended sentence supervision order, placing the offender under the care of a probation officer. If the offender fails to comply with the terms of such an order he is liable to a fine.

Borstal order. The aim of Borstal was to give all-round training for the development of young offenders (aged 15 to 20 inclusive). Since 1983 sentence to borstal has been replaced by detention in a young offenders institution.

Deferred sentence. The sentence imposed by a magistrates’ court or the Crown Court after a period of up to six months from conviction for the offence. The court may postpone sentencing, if the convicted person agrees, if it wishes to assess any change in the offender’s conduct or circumstances during that time.

Community Service Order. A person over 17 may be required to perform community service of not more man 240 hours of unpaid work, usually at weekends. There are certain conditions. Thus the offender must consent to the order, and the service must be fulfilled within 12 months. The community service intended will be work involving repairing footpaths, slag heaps, nature reserves, churchyards, beaches, canals, children’s adventure playgrounds, work in hospitals, and so on. The community service must not interfere with religious observance, his normal work or education (Criminal Justice Act, 1972).

Deprivation of Property. Where a person is convicted of an offence punishable with not less than 2 years’ imprisonment, and the court is satisfied that any property in his possession or control on arrest has been used for committing any offence, or was intended to be used for that purpose, it may deprive him of any rights he may have in the property, which shall be taken into, or remain in, the possession of the police. A motor-vehicle, therefore, may be confiscated under this section (s. 23, Criminal Justice Act, 1972).

Disqualification from Driving a Motor Vehicle. Where a person is convicted on indictment of an offence punishable with not less than 2 years’ imprisonment a Crown Court may, if satisfied that a vehicle was used by the defendant or anyone else for committing the offence, disqualify him for such period as the court thinks fit. A Magistrates’ Court may not exercise this power (Criminal Justice Act, 1972,5.24).

Day Training Centres. The Criminal Justice Act, 1972, provides for Day Training Centres to be established. Four are opened initially at Inner London, Liverpool, Sheffield and Glamorgan. The centres will provide offenders with intensive supervision and social education as a condition of a probation order.

Supervision Order. This may be made by a Court after trying a juvenile or after “care proceedings”. The court may order mat the juvenile be placed under the supervision of a local authority or of a probation officer. The supervision order is similar to a probation order. The supervisor’s general duty is to “advise, assist and befriend” the juvenile.

Notes:

¹ H.M. – Her Majesty

² Penal servitude – каторжні роботи

Дата добавления: 2014-12-17