Criminal law/Practice

Question 1

Suspended sentence requirements

Answer 1

sentence of 14days- 2 years,
suspended for 6 months to 2 years max- operational period
Crown court

Question 2

Types of sentences

Answer 2

custodial- jail
suspended– custodial of 14 days-24mths(crown) or 14-12mths (mag)- suspended for 6mth-24mths- supervision period
community
fine
discharge- condit/absolute

Question 3

custodial sentence test

Answer 3

threshold -so serios that fine nor community sentence can justify it. ( if pled guilty/ circumstances may mitigate to non custodial)

231(2) sentencing act- shortest term not passing the maximum.

mag court max- 6 months- was 12mth in 2020-2023 back to 6 max now or 12 for consecutive offencesnow.

crown- up to max for the offence

some offences have mandatory sentence or minimum term.

Question 4

Newton hearing- what is? how determined?

Answer 4

where d plead guilty but dispute evidence/ facts- not law by pros

If the prosecution proves their version of events beyond a reasonable doubt, the judge will sentence the defendant based on that version.

If the prosecution fails to prove their version, the judge will sentence the defendant based on the defendant’s version of events.