M. Considering Combined Sentences

Introduction

It may become increasingly common for a single recommendation to include more than one sentence.

This section looks at the possible sentencing combinations and general factors to think of when considering the combinations.

Purpose

Recommending a combination of sentences can provide a balance of punitive measures, rehabilitation and levels of restriction that match the offender's risk and needs better than a single sentence could.

The Sentencing Act provides that a court may only impose a particular combination of sentences if it is satisfied that imposing a single sentence, or less restrictive combination of sentences, would not be in accordance with the purpose(s) of sentencing, or the application of the principles of sentencing to that particular case.

Legislative references: Section 19 and 20 Sentencing Act 2002.

The options

The table in Section B shows the combinations of sentences that can be imposed. The legislation documents all permitted combinations in words.

Legislative reference: Section 19 Sentencing Act 2002.

Factors to consider

Consider the following factors when looking at combining sentences in a single recommendation:

• does the proposed combination create an appropriate balance between rehabilitative and punitive elements
• can this balance be achieved by combining less severe sentences (i.e. be careful not to net widen)
• what is the ability of the offender to meet the requirements of each sentence being considered
• are there any existing sentences to be taken into account
• what is the total impact of the combined sentences on the offender, and is this appropriate given their particular circumstances (the offence, assessed needs etc)
• is it appropriate to use any specific provisions relating to the proposed combination

Balancing rehabilitation, punishment and reparation elements

When combining sentences consider whether the overall aim is to provide rehabilitation, restrict the offender with a punitive sanction, require the offender to make reparation/compensation, or a mix of the three.

An electronically monitored sentence may also be used to support a rehabilitative one (e.g. by restricting the offender's movements immediately prior to, or during, attendance at a rehabilitation programme).

Intensive supervision and supervision are considered to be rehabilitative sentences. HD and imprisonment are considered to be punitive sentences, which can also have rehabilitative elements. CD is considered to be a punitive sentence. CW is considered to be a reparation sentence, and may also be considered to have elements of punishment.

Considering home detention

The combination of CD and intensive supervision could be considered to have a similar rehabilitative/punitive mix as home detention.

When considering which is the appropriate recommendation, remember that in order to impose a sentence of home detention the court must be satisfied that the:

• purpose(s) of sentencing cannot be achieved by any less restrictive sentence(s) and
• court would otherwise sentence the offender to a short term sentence of imprisonment.

Legislative reference: Section 15A Sentencing Act 2002.

CW can be recommended in addition to either HD or a combination of CD and intensive supervision.

Net widening

Avoid net widening by imposing a combination of sentences where a single sentence will suffice. Net widening occurs if:

• higher tier sentences are recommended in place of lower tier sentences which could equally have been recommended, or
• combinations of sentences are recommended when a single sentence (or a lower number of combined sentences) could arguably have been recommended.

Offender ability to comply with sentences

When considering sentencing combinations, consider the offender's ability to comply. For example, if an offender has limited financial means or a limited capacity to undertake community work (CW) it may be appropriate to consider a combination of fines and CW.

If an offender has demonstrated a failure to comply with a previous or current sentence, it may be appropriate to recommend a combination that includes electronic monitoring in order to increase their ability to meet the requirements of another sentence

Example: CD with curfew scheduled for each night before CW is scheduled, or before attendance at a rehabilitation programme on a sentence of supervision or intensive supervision.

Specific provisions : Deferment of CW

The court may defer the commencement date of a CW sentence for a specified period to enable the offender to comply with any rehabilitative special condition imposed under a sentence of intensive supervision or HD.

Legislative reference: Section 57A Sentencing Act 2002.

Specific provisions: Authorised absences on CD

If a sentence of CD is combined with a sentence of supervision or intensive supervision, a probation officer is authorised to approve offender absences from the curfew address during curfew periods.

Legislative reference: Section 69E(3) Sentencing Act 2002.