Aggrivating & Migitating Factors

Question 1

List the 2 types of factors.

Answer 1

•Aggrivating
•Mitigating

Question 2

Describe Aggravating Factors.

Answer 2

Circumstances which increase the severity of a crime and can result in an increased sentence.

Question 3

Criminal _____ _____ _____ and the sentencing council _______ provide a list of potential _______ and ______ factors that courts should take into account when _______ an offender.

Answer 3

Criminal Justice Act 2003 and the sentencing council guidelines provide a list of potential aggravating and mitigating factors that courts should take into account when sentencing an offender.

Question 4

Court may order a pre ____ ____ to be prepared by the _____ service before proceeding to the sentence which will include such factors.

Answer 4

Court may order a pre sentence report to be prepared by the probation service before proceeding to the sentence which will include such factors.

Question 5

Examples of aggravating factors.

Answer 5

•Nature Of Crime - did the offence involve violence, cruelty, premeditation?
•Victim Vulnerability - did the victim fall under the any of categories listed under the Equality Act 2010, due to age, illness, disability, isolation, or being incapacitated by drink
•Use of weapons - such as in a burglary (max imprisonment for burglary is 14 years, max imprisonment for armed burglary is a life sentence)
•Prior Criminal Record

Question 6

Describe Mitigating factors.

Answer 6

Mitigating factors are circumstances which decrease the severity of the crime and can result in a reduced sentence.

Question 7

Examples of mitigating factors.

Answer 7

•Mental illness or disability
•Cooperation with authorities - interviews and statements
• Youth or Age - decreases their responsibility
•Provocation - to a great degree, such as ‘battered wife syndrome’