13-Sentencing procedure

Question 1

what happens after guilty verdict

Answer 1

court can adjourn d goes to bail or custody

Question 2

what act deals with pre sentencing reports

Answer 2

Criminal Justice Act 2003 CJA S158

Question 3

What does pre sentencing report look at

Answer 3

it looks at all factors that could impact a sentencing

Question 4

what can a guilty plea result in

Answer 4

A discount, the maximum is 1/3 of sentence reduced

Question 5

what do victim impact statements take into account

Answer 5

impact on victim

not victims opinion

Question 6

what are offences taken into consideration “TIC”

Answer 6

this is similar offences D has committed before which may impact the sentencing this time around

Question 7

what codes show the prosecutors role in sentencing

Answer 7

code 11.1

code 11.2

Question 8

code 11.1 states

Answer 8

must show both aggravating and mitigating factors

Question 9

code 11.2 states

Answer 9

challenge inaccurate or wrong statements by the defence

Question 10

what are the defence role

Answer 10

non officially but often will help with mitigation plea

Question 11

what is the order of a sentence hearing

Answer 11

outline offence and prior convictions
defence delivers plea of mitigation
court considers
court imposes sentence

Question 12

what is a Newton hearing

Answer 12

when defence accepts guilt for slightly different offence