CLP 6 - Determine sentence

Question 1

How does sentencing work if there is more than one offence?

Answer 1

The court will consider the totality of the sentence.

If offences are related they will normally run concurrently

If offences aren’t related they will normally run consecutively

Question 2

In what circumstances can a defendant ask for an indication of sentence in the magistrate’s court?

Answer 2

• the offence is either-way and Magistrates have accepted jurisdiction at the allocation stage.
• D can ask for an indication
• Magistrates can only indicate custodial or non-custodial
• Only binding if defendant pleads guilty
• whether to give an indication is discretionary

Question 3

When can a defendant ask for an indication of sentence in the Crown Court (Goodyear indication)?

Answer 3

• D can ask at anytime before jury return their verdict

before the indication is given:

• D must accept the prosecution facts or have a written basis of plea agreed by the parties and the court.
• whether to give an indication is discretionary

Question 4

The court must not pass a custodial sentence unless…

Answer 4

it is of the opinion that—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it,

was so serious that neither a fine alone nor a community sentence can be justified for the offence’

Question 5

The court must not make a community order unless…

Answer 5

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it, was serious enough to warrant the making of such an order.

Question 6

When can a court not follow sentencing guidelines?

Answer 6

the court is satisfied that it would be contrary to the interests of justice to do so

Question 7

What happens at a sentencing hearing?

Answer 7

Prosecution open facts, make submissions & applications

Then

Defence Mitigate

Then

Judge passes sentence

Question 8

At what point in proceedings can pre-sentence reports be requested?

Answer 8

Any time.

Question 9

In what circumstances is a pre-sentence report required?

Answer 9

A court must obtain a pre-sentence report before passing a custodial or community sentence, unless it considers it unnecessary to do so

Probation input is needed before a community order can be imposed

Question 10

the court is contemplating a sentence pursuant to the Mental Health Act 1983 what does it require?

Answer 10

It must receive evidence from two medical practitioners stating that in their opinion the defendant is suffering from a mental disorder.

Question 11

What is the threshold for imposing a community order?

Answer 11

The court must not make a community order unless it is of the opinion that the offence, or combination of the offence and one or more offences associated with it was serious enough to warrant the making of such an order.

Question 12

What are the reductions for a guilty plea?

Answer 12

Guilty plea at first stage of proceedings – max 1/3

Guilty plea after the first stage of proceedings – max ¼

Guilty plea on the day of trial – sliding scale with max 1/10