Criminal Practice 6: Sentencing Principles

Question 1

How is the punishment decided after sentence is passesed?

Answer 1

Sentencing Guidelines
- provided starting point and lower and higher options (on spectrum)

Mitigating and Aggravating Factors
- are argued by parties to effect where on spectrum the punishment will land

Question 2

What aggravating factors MUST a court take into account?

Answer 2

• previous convictions if reasonable (considering their nature and time passed)
• offences committed whilst on bail

Hate Crime
- racial or religious aggravation
- hostility based on sexual orientation, transgender identity or disability

Question 3

What aggravating factors MAY a court take into account in sentencing?

Answer 3

Offence
- offence premeditated
- offence committed in a group
- offence committed under influence
- use of weapon
- gratuitous violence or damage to property
- failure to respond to previous sentence

Victim
- targeting vulnerable victim
- abuse of position of trust
- victim providing a service to public
- high value sentimental nature of property

Question 4

What mitigating facts MAY a court take into account in sentencing?

Answer 4

Other
- D has attempted to make reparation with victim
- remorse
- early guilty plea

Offence committed due to
- impulse
- provocation
- fear
- played a minor role

Personal Characteristics
- disability or mental illness
- Age (very young or old)
- health
- good character
- family situation

Question 5

How are defendants sentenced if they are charged with multiple offences?

Answer 5

Totality Principle
- overall sentence must not be disproportionate to overall seriousness of behaviour

Concurrent
- if offences arise out of same matter and are connected
- each sentence will be served at same time

Consecutive
- if offences did not arise out of same conduct
- sentences served after each other

Question 6

What is the credit for an early guilty plea?

Answer 6

• if plead guilt at first instance 1/3 reduction
• the sooner the greater the reduction

Question 7

What is the sentencing power of the Magistrates?

Answer 7

• 6 months for single or multiple summary only offence(s)
• 6 months imprisonment for single either way offence
• 12 months for multiple either way offences

Question 8

What is the sentencing power of the crown court?

Answer 8

limited by max sentence for any given offence

Question 9

What is a custodial sentence and when can it be given?

Answer 9

Imprisonment

Can only be given if custodial threshold is passed
- meaning offence is so serious that neither fine not community order can be justified

Typically only half of sentence is served and other half on licence
- if another offence is committed on license they have to server remained automatically

Question 10

What is a suspended sentence and when can it be given? What are the courts powers here?

Answer 10

Offender not placed in custody but will be liable to serve sentence in custody if they break conditions of suspension or commit further crime

Can be imposed if the cusdodial sentance is no longer than:
- Crown Court: 2 years
- Magistrates: 6 month

Question 11

What can the court do if conditions of suspended sentence is broken?

Answer 11

Can
- activate the custodial term imposed
- activate reduced term to reflect time spent on suspension
- impose additional requirements on cusdodial sentence (eg community order)
- extend period of suspension (for max of 2 years)

Question 12

What can court do if offender breaches conditions of community order?

Answer 12

Can
- amend order
- revoke order and sentence to imprisonment

Question 13

What is a discharge as a sentence?

Answer 13

Absolute discharge
- only record the offence

Conditional discharge
- must not offend again for specified period (up to 3 years) or be resentenced

Question 14

What is a Victim Surcharge in sentencing?

Answer 14

Compulsory and in addition to punishment
- amount charged will depending on type of sentence imposed
- does not go directly to victim but is pooled and distributed by a Fund

Question 15

What happens if defendant pleads guilty but does not accept full facts set out by prosecution?

Answer 15

Defendant can offer basis of plea to prosecution
- if they accept then D sentenced on agreed upon basis
- if they do not accept court will hold Newton hearing to settle dispute

Outcome of Newton Hearing
- in prosecutions favour defendant loses credit for plea
- in defendants favour retain credit for plea