Factors In Sentencing

Question 1

What factors do they look at when sentencing

Answer 1

The offence
Sentencing guidelines - give starting point and range of each offence
Offenders background

Question 2

What are the aggravating factors under the CJA 2003

Answer 2

Previous convictions for similar offences
D was already in bail when he committed the new offence
Racially motivated
Shows hostility to disabilities or sexual orientation
Offenders being a part of a group attacking a victim
Vulnerable victim - old or young
Victim is serving the public - teacher/doctor
Assault was premeditated

Question 3

What are the mitigating factors

Answer 3

Allows the court to give a lighter sentence 
Police co-operation 
Mental illness 
Physical illness
No previous conviction 
genuine remorse

Question 4

What are the sentence reductions for a guilty plea

Answer 4

If a D gives a guilty plea at first Available opportunity - 1/3 reduction
If D gives guilty plea after the trial date is set - 1/4 reduction
If D gives guilty plea at the doors of the court or during the trial - 1/10 reduction
If the D guilt is obvious even if the D pleads guilty at the first available opportunity then the judge need only give a 20% reduction