2: The different factors when sentencing adult offenders

Question 1

What Act and Guidelines provide a list of aggravating a mitigating factors?

Answer 1

The Criminal Justice Act 2003 and the Sentencing Council Guidelines.

Question 2

What can the court order from the Probation Service before proceeding to sentencing?

Answer 2

A Pre-Sentence Report which contains aggravating snd mitigating factors for the offender which should be taken into account when sentencing.

Question 3

When may medical reports also be prepared?

Answer 3

When the offender has medical or psychiatric problems.

Question 4

What do aggravating factors do to a crime?

Answer 4

Make a crime more serious, and may increase the sentence severity.

Question 5

What do mitigating factors do to a crime?

Answer 5

Make a crime less serious, and may decrease the sentence severity.

Question 6

Give some examples of aggravating factors.

Answer 6

If the offender has previous convictions, if the offender deliberately picked a vulnerable target, if the offender demonstrated hostility towards somebody because of one of the protected characteristics.

Question 7

Give some examples of mitigating factors.

Answer 7

If the offender showed remorse, if the offender submitted an early guilty plea (1/3 of sentence can be removed), if it is the offenders first time offence.

Question 8

What might be considered when sentencing the offender?

Answer 8

The offender’s background. E.G: Financial situation may be considered when deciding if a financial penalty is suitable.