Custodial sentences available for adult offenders

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes

Custodial sentences available for adult offenders

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
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Determinate sentences of imprisonment

A standard determinate sentence of imprisonment is a fixed term of imprisonment. This may be contrasted with a defendant subject to an Indeterminate sentence, eg life imprisonment. Offenders subject to an indeterminate sentence must serve a minimum period of imprisonment before they can be considered for release by the Parole Board.

Section 237 of the Criminal Justice Act 2003 (CJA 2003) governs the setting of a sentence of imprisonment for adult offenders for a determinate term. This is known as a fixed-term sentence and is the most common type of prison sentence.

The fixed term of any sentence will be set by reference to the maximum prison term available for the offence concerned. Almost all imprisonable offences have maximum terms of imprisonment laid down in statute. In practice these are rarely imposed, for example, the statutory maximum for domestic burglary is 14 years' imprisonment but the Sentencing Council's Definitive Guideline gives a range of two–six years for a top category offence. While a court could depart from the relevant guidelines, a significant

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Jurisdiction(s):
United Kingdom
Key definition:
Indeterminate sentence definition
What does Indeterminate sentence mean?

An indeterminate sentence is one employed for public protection where it would be unclear what an appropriate minimum term would be.

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