Criminal Courts & Lay People: Sentencing Factors

Question 1

What are the types of sentencing factors?

Answer 1

Offence details
Aggravating and Mitigating factors
Reports on the offender
Sentencing guidelines

Question 2

What are offence details?

Answer 2

Consider the seriousness of offence
How blameworthy the defendant is
Whether they intended/foresaw the result

Question 3

What are aggravating and mitigating factors?

Answer 3

Aggravating make the offence more serious
Mitigating make the offence less serious

Question 4

What are some examples of aggravating factors?

Answer 4

Failure to respond to previous sentences
Offence committed whilst on bail for other offences
Use of weapon

Question 5

What are some examples of mitigating factors?

Answer 5

Mental illness/disability
Offender played minor role
Youth/age affects responsibility of individual
Genuine remorse

Question 6

What are the reports on the offender?

Answer 6

Pre-sentence report prepared by probation service on offender, each report the D’s age, background and previous convictions
Previous convictions - if have none, more lenient
Medial report - if ill
Financial report - if impose a fine

Question 7

What are sentencing guidelines?

Answer 7

Guidelines issued by the Sentencing Council
Set up by Coroners and Justice Act 2009
Give starting point to offence - if magistrate should think of custodial sentence or community order
Reduction in sentence for guilty plea