Factors of Sentencing

Question 1

Which factors decide the seriousness of an offence, in regards to “factors of sentencing” ?

Answer 1

-Aggravating factors
-Mitigating factors

Question 2

What are the examples of aggravating factors ?

Answer 2

-Weapon
-Pre-meditated
-Vulnerable victim
-Racially motivated
-On bail
-Previous convictions of a similar nature

Question 3

What are the examples of mitigating factors ?

Answer 3

-1st offence
-Spur of the moment
-Self defence
-Minimal force
-Remorse
-Mental/physical illness

Question 4

Why else may the defendant get a reduction in sentence ?

Answer 4

-A defendant can get a reduction in sentence based upon the stage in the proceedings at which they plead guilty.

Question 5

What are the main factors in sentencing ?

Answer 5

-Pre-sentence reports
-Medical reports
-Sentencing guidelines
-Reduction in sentence for a guilty plea
-The offender’s background.

Question 6

What are pre-sentence reports ?

Answer 6

Reports prepared by the probation service for the court before sentencing, advising the judge on the best course of action in terms of the sentence. However these are usually helpful when considering a community sentence.

Question 7

Why are Medical Reports used in sentencing ?

Answer 7

Medical reports are helpful where the offender has a medical or psychiatric problems, usually prepared by the doctor, and can reinforce the mitigating factor of a physical-mental illness, thus reducing the sentence.

Question 8

What was introduced in 2010 to, “bring consistency and transparency to sentencing practice”?

Answer 8

The Sentencing Council

Question 9

What is the Sentencing Councils role ?

Answer 9

To bring consistency and transparency to sentencing practice, which allowed them to assess the impact of guidelines on sentencing and promote awareness amongst the public. Judges and magistrates are now under a duty to impose a sentence that follows the guidelines.