Factors in Sentencing: Aggravating Factors

Question 1

Where are aggravating factors set out?

Answer 1

S 143 (1) of The Criminal Justice Act 2003

Question 2

What are factors considered as aggravating factors?

Answer 2

• Previous convictions for offences of a similar nature or that are relevant to the present offence.
• If the defendant was on bail.
• Racial, religious, disability or homophobic hostility.

Question 3

What are factors considered as aggravating factors in an assault?

Answer 3

• The offender being part of a group.
• The victim being particularly vulnerable.
• The victim serving the public.
• The assault being premeditated.

Question 4

How do aggravating factors affect a sentence?

Answer 4

If there are aggravating factors present the sentence will be more severe.

Question 5

What does the Sentencing Council provide? And to whom?

Answer 5

Guidelines to the Magistrates and Judges.

Question 6

What do the guidelines give?

Answer 6

• A starting point for an offence.
• Whether the Magistrates should think of a custodial sentence or a community order.
• A sentencing range.