Factors Of Sentencing Flashcards
Which two sources provide guidance on aggravating and mitigating factors in sentencing?
The Criminal Justice Act 2003 and the Sentencing Council Guidelines.
What is a Pre-Sentence Report, and who prepares it?
A Pre-Sentence Report is prepared by the Probation Service to give the court information on the offender’s background, the reason for the offence, and their suitability for a community-based sentence.
What kind of medical information may be considered by the court before sentencing?
Medical or psychiatric reports prepared by a relevant doctor if the offender has medical or psychological issues.
What are aggravating factors in sentencing?
Factors that make an offence more serious, leading to a harsher sentence.
List at least four aggravating factors.
- Previous convictions
- Committing the offence while on bail
- Gang involvement
- Targeting vulnerable victims (e.g. elderly or children)
- Use of a weapon
- Hostility based on protected characteristics under the Equality Act 2010.
What is an example of hostility based on protected characteristics?
Targeting someone due to their race, religion, sexuality, gender reassignment, disability, or age, under the Equality Act 2010.
What are mitigating factors in sentencing?
Factors that make an offence less serious, possibly leading to a reduced sentence.
List at least four mitigating factors.
- Genuine remorse
- Minor role in the offence
- First-time offender
- Cooperation with the police
- Early guilty plea
- Personal circumstances (e.g. illness).
How much can an early guilty plea reduce a sentence?
By up to one third, though the reduction decreases the closer to trial the plea is made.
How might an offender’s financial situation affect sentencing?
It may influence whether a financial penalty is appropriate, as part of considering the offender’s background.
