Chapter 8 Sentencing Flashcards
Procedure after conviction
1) if sentencing adjourned, court may need outline of the facts of the case.
2) prosecutor to inform the court of D prev convictions
3) prosecutors then ask for ancillary orders (costs)
4) court the consider pre sentence reports
5) D to submit plea on mitigation
6) judge then decides on sentence to pass which is then passed and explained in open court
plea on mitigation
Submission to the court setting out relevant facts about the offence, the defendant and contains an argument from D outlining appropriate sentence to pass
Other sentencing factors
TIC (take into consideration)
Deferred sentencing
What is a pre sentence report
Prepared by national probation service. Gives details of D background, family circumstances, events leading to the offence, D attitude to proceedings tells likihood of reoffending
Can also be medical report or psychiatric report
Benefits of early guilty plea
1) reduces impact of crime upon victims
2) saves victims and witnesses from testifying
3) in public interest and saves public’s time and money
Can reduction in sentence be given for GAP
Yes, court are instructed to take it into consideration and outline they have given a reduction on that basis
If at PTPH or before, more discount given. If after discount is sliding scale
Purpose of sentencing
1) punishments of offenders
2) reduction of crime
3) reform and rehabilitate offenders
4) protection if the public
5) offenders making amends for wrong done onto a victim
Principals for sentencing
S143 CJA
1) defendants culpability in committing the offence
2) any harm which the offence caused, intended to cause or might have foreseeable caused
Who is responsible for issuing sentencing guidelines
Sentencing council
What is the reason for sentencing guidelines
Allows court to take a structured approach to sentencing to sentencing decisions
Reasons court shout given when passing sentence
The effect of the sentence
Consequence of breaching any order
Case of a fine, the consequence of non payment
Reasons for the sentence
Any account of time spent in custody
Any aggravating factors, race or religion
Any important mitigating factors
4 main sentences
Discharges
Financial penalties
Community sentence
Custodial sentence
Maximum conditional discharge period
3 years
Maximum fine in magistrates and crown court
Unlimited. Previously was £5k
What requirements can make up a community order
- unpaid work
- rehabilitation activity requirement
- programme requirement
- prohibited activity
- a curfew
- exclusion requirement
- residence requirement
- prohibited foreign travel
- mental health treatment
- drug rehabilitation
- alcohol treatment
- alcohol abstinence and monitoring
- an attendance centre
What is the custodial thread hold test
When deciding sentence. Court must confirm a fine nor a community sentence can be justified as such custodial sentence is necessary
Types of ancillary orders
- Forfeiture order (hand over items)
- deportation order
- confiscation order
- sex offender registration
- criminal behaviour order (ASBO repeat offenders)
- costs
- compensation (loss or damage to victim £5k)
- victim surcharge range £16-£181
What to include in plea in mitigation
Matters related to offence Matters related to offender Matters related to investigation Matters related to future reform Matters related to type of sentence
Maximum sentence magistrates
6 months for two or more offences
Unless two or more either way offences can be consecutive sentence at 12 months
