Describe The Different Factors When Sentencing Adult Offenders Flashcards
What do the Criminal Justice Act 2003 and the Sentencing Council Guidelines provide?
They provide a list of potential aggravating and mitigating factors that the courts should take into account when sentencing an offender.
What is a Pre-sentence Report?
It is a report prepared by the Probation Service before sentencing, including factors about the offender’s background and suitability for a community-based sentence.
What information might a Pre-sentence Report include?
It might show why the offender committed the crime and indicate the likely response to a community-based penalty.
When may medical reports be prepared?
Medical reports may be prepared where the offender has medical or psychiatric problems.
What are aggravating factors?
Aggravating factors make a crime more serious and may increase the severity of the sentence.
Give examples of aggravating factors.
Examples include previous convictions, committing the offence while on bail, operating as part of a gang, targeting vulnerable victims, using a weapon, or demonstrating hostility towards protected characteristics under the Equality Act 2010.
What are mitigating factors?
Mitigating factors make a crime less serious and may decrease the severity of the sentence.
Give examples of mitigating factors.
Examples include showing genuine remorse, playing a minor part in the crime, being a first-time offender, cooperating with police, and early admission of guilt.
How can an early admission of guilt affect sentencing?
It can reduce the sentence by up to one third, but this reduction decreases as the trial approaches.
What personal circumstances may be considered as mitigating factors?
Serious illness may be considered as a mitigating factor.
What background information about the offender may be considered?
The offender’s financial situation may be considered when deciding whether a financial penalty is suitable.
