CLP 6 - Sentencing

Question 1

What must the courts have regard to when considering sentencing?

Answer 1

(a) the punishment of offenders,​

(b) the reduction of crime (including its reduction by deterrence),​

(c) the reform and rehabilitation of offenders,​

(d) the protection of the public, and​

(e) the making of reparation by offenders to persons affected by their offences.​

Question 2

When considering what the courts have regard to when considering sentencing, do any factors have more importance?

Answer 2

No they have equal weight, but in particular cases some factors may be more important than others

Question 3

When considering the seriousness of an offence, what aspects do the courts consider?

Answer 3

Culpability
Harm
Aggregating factors

Question 4

Can defendants be sentenced in the crown court for summary only offences?

Answer 4

No

Question 5

Where can a defendant be sentenced for an either way case, if they please guilty in the magistrates court?

Answer 5

They can be sentenced in the magistrates’ court or they could be sent to the Crown Court for sentence

Question 6

Where can a defendant be sentenced for an either way case, if they plead one way or another in the crown court?

Answer 6

They must be sentenced in the Crown Court, they cannot be sent back to the magistrates’ court for sentence

Question 7

Where can a defendant be sentenced for an either way case, if they please NOT-guilty in the magistrates court and the case stays in the magistrates court?

Answer 7

They can be sentenced in the magistrates’ court or they could be sent to the Crown Court for sentence

Question 8

Where will a defendant be sentenced for a indictable only offence?

Answer 8

Crown Court