6. Sentencing and Appeals Procedure

Question 1

What are the five purposes of sentencing the courts must have regard to when sentencing an offender who is 18 or over?

Answer 1

1. Punishment of offenders.
2. Reduction of crime, including deterrence.
3. Reform and rehabilitation of offenders.
4. Protection of the public.
5. Making reparation by offenders to persons affected by their offense.

Question 2

What is the role of sentencing guidelines?

Answer 2

Help make sure that judges and magistrates in courts take a consistent approach to sentencing

Question 3

What does the sentencing code oblige court to follow and when is there an exception?

Answer 3

must follow any relevant sentencing guidelines, unless it is contrary to the interests of justice to do so.

Question 4

What do the sentencing guidelines provide courts?

Answer 4

guidance on factors the court should take into account that may affect the sentence

Question 5

What do the sentencing guidelines set out?

Answer 5

different levels of sentence based on the harm caused to the victim and how blameworthy the offender is

Question 6

What offences are sentencing guidelines available for?

Answer 6

most significant offences sentenced in the Mags Court and for a wide range of offences in the Crown Court.

Question 7

What is the purposes of the Sentencing Council?

Answer 7

produces overarching guidelines on general sentencing issues and principles such as sentencing children and young people

Question 8

When no offence-specific sentencing guideline exists, what will the courts refer to?

Answer 8

the General guideline: overarching principles

Question 9

What can Judges refer to look at how sentences have been reached for similar cases?

Answer 9

Court of Appeal judgments

Question 10

When can the General guidelines be used with offence-specific guidelines?

Answer 10

where some factors are not covered and overarching guidance is required

Question 11

What must a court consider when determining the seriousness of any offence?

Answer 11

(a) the offender’s culpability in committing the offence, and
(b) any harm which the offence
(i) caused,
(ii) was intended to cause, or
(iii) might foreseeably have caused

Question 12

What does culpability mean?

Answer 12

The blameworthiness of the offences

Question 13

How many levels of culpability are there in the Sentencing guideline - overarching principles?

Answer 13

Four

Question 14

What are the four levels of culpability?

Answer 14

From Highest to Lowest level
1. Deliberate
2. Reckless
3. Negligent
4. Low/No Culpability

Question 15

What is deliberate culpability?

Answer 15

intentional act or omission

Question 16

What is reckless culpability?

Answer 16

acred or failed to act regardless of the foreseeable risk

Question 17

What is negligent culpability?

Answer 17

Failed to take steps to guard against the act or omission

Question 18

What is low/no culpability?

Answer 18

act or omission with none of the features of higher levels of culpability

Question 19

When assessing the level of culpability, what are further factors the court will take into account?

Answer 19

From Highest to Lowest level
1. High level of planning/sophistication /leading role
2. Some planning / significant role
3. Little or no planning / minor role

Question 20

What is the definition of harm under the principle of seriousness?

Answer 20

includes:
1. actual physical harm,
2. the level of harm which was intended to be caused, and
3. harm which might foreseeably be caused.

Question 21

In assessing harm, what are the factors the court will consider to identify the levels of harm?

Answer 21

From Highest to Lowest level
1. Very serious harm caused to the individual or the wider public/environment
2. Serious harm caused or high risk of very serious harm
3. Significant harm or high risk of serious harm
4. Low or no harm caused or high risk of serious harm

Question 22

What are the types of harm that may be caused to an individual or to the community at large?

Answer 22

(a) physical injury
(b) sexual violation
(c) financial loss
(d) damage to health and
(e) psychological distress.

Question 23

What is the principle of prevalence in sentencing?

Answer 23

When a court in particular area treats an offence more seriously than elsewhere because the particular type of offense is prevalent in the area and there is evidence that these offences are causing harm to the community at large

Question 24

Does the initial assessment of harm and culpability take account of plea or previous convictions?

Answer 24

No it should take no account of plea or previous convictions

Question 25

When should the court take into account factors that may make the offence more serious and factors which may reduce seriousness or reflect personal mitigation?

Answer 25

once a provisional sentence has arrived at the court

Question 26

What are the four main statutory aggravating factors that increase seriousness of an offence?

Answer 26

1. Previous convictions having regard to:
* the nature of the offence to which the conviction relates and its relevance to the current offence; and
* the time that has elapsed since the conviction

2. Offence committed whilst on bail

3. Offence motivated by or demonstrating hostility based on race, religion, disability, sexual orientation or trans identity.

4. Offence committed against an emergency worker acting in the exercise of functions as a worker

Question 27

What are examples other aggravating factors increasing seriousness of an offence? (non-exhaustive list)

Answer 27

• intoxication
• being part of a group
• use of weapon/threat
• planning of an offence
• abuse of power
• abuse of position of trust
• vulnerable victims

Question 28

What are examples of mitigating factors reducing seriousness or reflecting personal mitigation?

Answer 28

• good character
• remorse
• no previous convictions
• self-reporting
• little or no planning
• little or no financial gain
• age and/or lack of maturity

Question 29

What are concurrent and consecutive sentences?

Answer 29

If a defendant is sentenced for two or more crimes, the judge or magistrate will state whether the prison sentences will be served concurrently or consecutively.

Question 30

What does it mean if sentences are concurrent?

Answer 30

That the defendant will serve them at the same time

Question 31

What does it mean if sentences are consecutive?

Answer 31

that the defendant will serve them one after the other

Question 32

When are concurrent sentences appropriate?

Answer 32

if the offences arise out of the same incident or facts

Question 33

When are consecutive sentences appropriate?

Answer 33

If the offences arise form unrelated facts or incidents, or the sentences do not reflect the overall level of criminality involved.

Question 34

Why will the defendant’s advocate use the plea in mitigation?

Answer 34

to persuade the court to impose a lenient sentence on the defendant