describe the different factors when sentencing Flashcards
what do the criminal justice act 2003 & sentencing council guidelines together provide
a list of potential aggravating & mitigating factors that the courts should takes into account when sentencing an offender
what may the court order before proceeding to the sentence
pre sentencing report to be prepared by the probation service —> include a number of factors
what will the pre-sentence report do
gives information about offenders background and suitability for community-based sentence
might show why the offender has committed the crime and indicated the likely response to a community based penalty
Medical reports
prepared by relevant doctors may also be prepared where the offender has medical or psychiatric problems
aggravating factors
make a crime more serious and may increase the severity of the sentence
examples of aggravating factors
offender has previous convictions
committed the offence whilst on bail
operated as part of a gang
deliberately targeted a vulnerable victim such as the elderly or children
used a weapon or was motivated by
demonstrated hostility towards a person who falls within one or more of the protected characteristics under the Equality Act 2010:
race, religion, sexuality, gender reassignment, disability, age.
mitigating factors
make crime look less serious and may decrease the severity of he sentence
example of mitigating factors
offender shows genuine remorse
played a minor part in the crime
if it was a first time offence
if he co-operates with the police
if there is an admission of guilt at the earliest opportunity (can reduce sentence by up to one third, but reduces as the trial gets closer)
Personal circumstances such as serious illness may be considered
offenders background
may also be considered e.g financial situation may be considered when deciding whether a financial penalty is suitable
