CLP 23 - Sentencing Flashcards

1
Q

What is the Sentencing Code / Sentencing Act 2020?

A

It consolidates over 50 pieces of legislation to simplify sentencing law in England and Wales.

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2
Q

What are the five statutory purposes of sentencing for adults?

A
  • Punishment
  • Crime reduction (including deterrence)
  • Reform and rehabilitation
  • Protection of the public
  • Reparation to victims
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3
Q

Once a case is sent to the Crown Court, can it be sent back to the magistrates’ for sentence?

A

No, once sent to the Crown Court, sentencing must take place there.

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4
Q

What is a Newton hearing?

A

A hearing held when a defendant pleads guilty but disputes facts that would affect sentence. The judge determines the facts.

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5
Q

What happens if the prosecution proves its version in a Newton hearing?

A

Sentencing is based on the prosecution’s version, and the defendant usually loses part of their guilty plea credit.

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6
Q

What’s the difference between concurrent and consecutive sentences?

A
  • Concurrent: offences arise from the same incident
  • Consecutive: offences arise from different incidents
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7
Q

When can sentencing be deferred?

A

Up to 6 months to allow the offender to demonstrate reform. Can result in a lighter sentence.

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8
Q

What is a Goodyear indication?

A

A Crown Court judge’s indication of sentence if the defendant pleads guilty – binding only if plea is entered.

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9
Q

Are indications binding in magistrates’ court?

A

Yes, but only if the indication is custodial vs non-custodial and the defendant pleads guilty.

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10
Q

How is offence seriousness determined?

A

By assessing culpability and harm (Sentencing Code, s.63).

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11
Q

What is the custodial threshold?

A

Court must only impose prison if the offence is so serious that a fine or community order is not sufficient (s.230 SA 2020).

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12
Q

Must courts follow sentencing guidelines?

A

Yes, unless it would be unjust to do so.

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13
Q

What must the court consider at a sentencing hearing?

A
  • Aggravating/mitigating factors
  • Victim impact statements
  • Previous convictions
  • Guilty plea reduction
  • Totality
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14
Q

What is the sentence reduction for an early guilty plea?

A
  • 1/3 off at first hearing
  • 1/4 after first stage
  • 1/10 on trial day
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15
Q

What are examples of non-custodial sentences?

A
  • Bind over
  • Absolute discharge
  • Conditional discharge
  • Fines
  • Community orders
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16
Q

What are the possible requirements under a Community Order?

A
  • Unpaid work
  • Rehabilitation activity
  • Curfew
  • Exclusion zones
  • Residence
  • Mental health, alcohol or drug treatment
  • GPS tagging
  • Prohibited activity, etc.
17
Q

What happens if a Community Order is breached?

A
  • Warning on first breach
  • Re-sentence, stricter order, fine or custody on further breach
18
Q

When is a custodial sentence imposed?

A

Only if the offence is so serious that neither a fine nor community sentence is sufficient.

19
Q

What are the types of custodial sentences?

A
  • Determinate sentence
  • Suspended sentence
  • Minimum sentence
  • Extended determinate sentence (EDS)
  • Mandatory life sentence
  • Discretionary life sentence
20
Q

What’s the max custodial sentence in the magistrates’ court?

A
  • 6 months per offence
  • 12 months total for multiple offences
21
Q

What are the rules for suspended sentences?

A
  • Must be 14 days to 2 years
  • Suspended for 6 months to 2 years
  • Can include supervision and requirements
  • Can be activated if breached
22
Q

What are minimum sentences for repeat offences?

A
  • 7 years for third Class A drug offence
  • 3 years for third domestic burglary
  • 5 years for certain firearm offences
  • 6 months for second weapon offence
23
Q

What is a mandatory life sentence?

A

Required for murder. Judge must set minimum term. Offender is on licence for life if released.

24
Q

What is an Extended Determinate Sentence (EDS)?

A

Sentence for dangerous offenders that includes extended licence period (1–5 yrs for violence, up to 8 yrs for sex/terrorism).

25
Q

What is a discretionary life sentence?

A

Life sentence imposed at court’s discretion for very serious offences where justified, e.g., second serious offence under Sch.15 SA 2020.