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SQE Flashcards (Jonathan) > Criminal Procedure (Sentencing) > Flashcards

Criminal Procedure (Sentencing) Flashcards

1
Q

Purpose of Sentencing Adults?

A

The purpose of sentencing adults includes punishment of offenders, reduction of crime, reform and rehabilitation, protection of the public, and making reparation to those affected by the offences.

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2
Q

What are the types of courts with sentencing powers?

A
  • Magistrates’ Court
  • Youth Court
  • Crown Court
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3
Q

Where can a summary only offence be sentenced if D pleads guilty in Magistrates?

A

Only in the Magistrates’ Court; it cannot be committed to Crown Court.

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4
Q

Where is a defendant sentenced if they plead NOT guilty to an either-way offence in Magistrates, and the case is sent to trial and found guilty in the Crown Court?

A

Cannot be sentenced in the Magistrates Court.

D must be sentenced by the Crown Court

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5
Q

Where is a defendant sentenced if they plead guilty to an either-way offence in Magistrates?

A

The defendant can be sentenced in Magistrates’ Court or be committed to Crown Court for sentencing.

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6
Q

What occurs if a defendant is found guilty of an indictable only offence at PTPH in Crown Court?

A

The defendant must be sentenced by the Crown Court.

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7
Q

Where is D sentenced if they are found guilty aat trial in Crown Court?

A

D must be sentenced by the Crown Court

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8
Q

When is a Newton Hearing required?

A

When the defendant pleads guilty on a different factual basis that may impact the sentence and the court needs to establish the facts.

(Simply, following a guilty plea to establish a fact that may impact the sentnece)

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9
Q

What happens if the Crown accepts the defendant’s basis for a Newton Hearing?

A

The sentence is passed on the defendant’s basis unless the judge disagrees, in which case a Newton Hearing may be needed.

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10
Q

What happens if the Crown reject the defendant’s basis for a Newton Hearing?

A

The question is asked whether the judge things the basis is absurd…

  • if the basis is absurd to the judge, the sentence is on the prosecution basis
  • If the basis is not absurd, the question is whether it will make a material difference to the sentence…

If no, the sentence is on the defence basis
If yes, a Newton hearing will be required.

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11
Q

What happens at a Newton Hearing?

A

Evidence is presented by prosecution and defense to determine facts, without a jury, and sentencing is based on the determined facts.

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12
Q

What is the principle of totality in sentencing?

A

When sentencing for multiple offences, the court considers the total sentence…

  • Concurrent sentences for related facts
  • Consecutive for unrelated
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13
Q

What is meant by deferring sentence?

A

The court may defer sentencing up to six months to assess changes in the defendant’s behavior before passing a potentially lighter sentence.

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14
Q

What is the procedure for an indiciation of sentence in the event of a guilty plea in the Magistrates?

A

If the offence is either-way and the court accepts jurisdiction, D can ask for an indication should the case remain in the magistrates following a guilty please.

The court does not have to give an indication.

If it does, it can only say whether it would be custodial or non-custodial. It is binding if D does in fact plead guilty.

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15
Q

What is the procedure for an indiciation of sentence in the event of a guilty plea in the Crown Court?

A

D can ask for an indication either before PTPH or at any stage before the jury verdict.

Before asking, D must (i) accept the prosecution facts or a written basis plea must be agreed; and (ii) give clear instructions that they wish to ask for an advance indication of sentence.

Note, it is discretionary and remains the decision of the judge.

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16
Q

What is a pre-sentence report?

A

A report used by the court, often from the Probation Team, to help decide an appropriate sentence for a custodial or community sentence.

It is not binding on the court.

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17
Q

What should the prosecution remind the court of during a sentencing hearing?

A
  • Previous convictions
  • Ancillary orders the prosecution seek
  • Relevant sentencing guidelines
  • General sentencing issues
  • Victim impact statements
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18
Q

What are the four stages when passing sentence?

A

Step 1: Determining Seriousness

Step 2: Determine which category of sentencing guidelines applies

Step 3: Adjust the starting point according to aggravating/mitigating factors

Step 4: Reduce sentence to credit any guilty pleas

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19
Q

What does culpability mean in determining seriousness?

A

Culpability assesses blameworthiness based on role, intention, premeditation, and planning by the offender.

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20
Q

What is harm when considering seriousness?

A

Harm is the assessment of the damage caused to the victim

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21
Q

What are the three categories in sentencing guidelines?

A

Category 1: Greater culpability and harm

Category 2: Mixed culpability and harm

Category 3: Lesser culpability and harm.

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22
Q

Once the category has been determined, what must the court do?

A

Once the category has been determined, aggravating and mitigating factors result in an upward or downward adjustment from the starting point where in ‘range’

23
Q

What are common aggravating factors in sentencing?

A
  • Previous convictions
  • Offence was racially or religiously aggravated
  • Planning of an offence
  • Use of a weapon to frighten or injure victim
  • Multiple victims
  • Deliberate and gratuitous violence
  • Serious physical or psychological effect on victim
  • Victim is particularly vulnerable
  • An intention to commit more serious harm
  • Location of the offence (e.g isolated place)
  • A sustained assault or repeated assaults
  • Committed against those working in the public sector
  • Presence of others (e.g. children or partner of the victim)
  • Additional degradation of the victim
  • Abuse of a position of trust
  • Abuse of power
24
Q

What are common mitigating factors?

A
  • A greater degree of provocation
  • Mental illness or disability
  • Youth or age where it affects responsibility
  • Offender played only a minor role in the offence
  • Good character and/or lack of previous convictions
  • Any personal mitigation
25
Q

What credit is given for a guilty plea entered at the first stage of proceedings?

A

33% reduction in sentence.

AKA - One Third

26
Q

What credit is given for a guilty plea entered after the first stage of proceedings?

A

25% reduction in sentence.

27
Q

What credit is given for a guilty plea entered on the first day of trial?

A

10% reduction in sentence.

28
Q

What is an absolute discharge?

A

A sentence with no punishment due to triviality, requiring no further compliance from the defendant.

However, note that they still have a criminal offence.

29
Q

What is a conditional discharge?

A

A discharge with conditions that if breached, can lead to sentencing for the original offence and any new offences.

The specified period must be no more than three years.

30
Q

What fines can be imposed in the Magistrates’ Court?

A

Fines on a scale from Level 1 (£200) to Level 5 (Unlimited) based on the offence level.

31
Q

What is a community order?

A

A sentence requiring the offender to meet certain conditions as a punishment and/or for rehabilitation in the community.

32
Q

What is the maximum period for a community order?

A

The period of operation cannot be for more than 3 years.

33
Q

What happens if D completes their order within the ioperation period?

A

D may be subject to a supervision period. Not always!

34
Q

Provide some examples of a community order

A
  • Unpaid Work
  • Rehabilitation Activity
  • Programme Requirement
  • Prohibited Activity
  • Curfews
  • Exclusion requirement
  • Residence requirement
  • Foreign travel prohibition
  • Mental Health Treatment
  • Drug Rehabilitation
  • Alcohol Treatment
  • Alcohol Abstinence and Monitoring
35
Q

What happens if a community order is breached?

A
  1. They first must be warned that it is unacceptable.
  2. If there is a second breach, breach proceedings must be instituted. Consequences:
  • Amended Order (More Onerous)
  • Fine up to £2,500
  • Revoking the Community Order and Re-Sentencing
  • Extend the period by up to six month beyond the 3 year limit (only the once)

If there are wilful and persistent breaches, the court can revoke the order, re-sentence the offender and impose a custodial sentence not exceeding 6 months.

36
Q

What is a determinate custodial sentence?

A

A fixed period of imprisonment
(e.g., 2 years, 8 years).

37
Q

Who has the power to impose determinate custodial sentences?

A

Magistrates (up to 6 or 12 months)

Crown Court (unlimited power subject to statutory maximum).

38
Q

What is the max custodial sentence a magistrate can award for a summary offence (or multiple summary offences?)

A

6 Months

39
Q

What is the max custodial sentence a magistrate can award for a either-way offence ?

A

6 Months

40
Q

What is the max custodial sentence a magistrate can award for 2+ either-way offences ?

A

12 Months (with one 6 months running consecutively)

41
Q

What is the max custodial sentence a Crown Court can impose?

A

Unlimited Powers of imprisonment subject to statutory maximum for each offence.

42
Q

What does it mean to serve a concurrent sentence?

A

Multiple sentences run at the same time.

43
Q

What is a suspended determinate custodial sentence?

A

A prison sentence that meets the custody threshold but the defendant does not go into immediate custody and if they fulfil criteria can avoid prison. .

44
Q

What range of determine custodial sentences can a Magistrate court suspend?

A

Sentence of between
14 days and 6 months.

45
Q

What range of determine custodial sentences can a Crown Court suspend?

A

Sentence of between
14 days and 2 years.

46
Q

What is the extension of the licence period for an ED?

A

At least 1 year

Not exceeding
(a) 5 years for violent offences; and
(b) 8 years for specified sexual offences or terrorism

47
Q

When is an EDS eligible for parole?

A

At the 2/3 point of the custodial term (67%).

48
Q

When are most determinate sentences eligible for parole?

A

They are usually eligible for parole at the half way point (50%)

For more extreme cases (as above) this could be two thirds (67%).

49
Q

What is a mandatory life sentence?

A

A life sentence for murder with a minimum term, after which the defendant may apply for parole; for severe cases, a whole life order applies.

50
Q

What is an ancillary order?

A

An additional order imposed alongside a main sentence, such as prosecution cost orders or confiscation orders.

51
Q

What is a prosecution cost order?

A

An order for the defendant to pay a ‘just and reasonable’ amount towards prosecution costs, which may lead to imprisonment if breached.

52
Q

What is a forfeiture and deprivation order?

A

An order allowing the forfeiture and destruction of property linked to the offence.

53
Q

What is a confiscation order?

A

An order for the defendant to pay money representing their benefit from criminal conduct, imposed by the Crown Court.

SQE Flashcards (Jonathan) (53 decks)

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