Factors of Sentencing [Sentencing] Flashcards
Intro [Paragraph 1]
There are additional factors which a judge can consider when deciding what sentence to give a defendant (D) which will either decrease or increase the sentence.
Tariff [Paragraph 2]
The tariff of an offence refers to the maximum sentence, stipulated in an Act of Parliament, which limits sentencing. S47 Offences Against the Person Act 1861 states 5 years imprisonment as the max sentence for Actual Bodily Harm and the Theft Act 1968 stipulates 7 years for theft. The judge cannot sentence above this.
Limitations by the Courts [Paragraph 3]
The sentence will also be limited by the court in which sentencing takes place. This depends on whether the offence is summary, triable-either-way or indictable. The maximum sentencing powers of the Magistrates Court are 6 months imprisonment or £5000 fine and sentences above this level will need to be referred to the Crown Court for sentencing. Under the Powers of Criminal Courts (Sentencing) Act 2000, the magistrates may send a convicted offender to the Crown Court to be sentenced if it is felt their sentencing powers are insufficient.
Aggravating Factors [Paragraph 4]
Aggravating factors are ones which should result in a heavier sentence being passed. These include the multiple blows to the victim, premeditation or racial/religious motivation [or any sort of hate crime]. The Sentencing Act 2020 also includes previous convictions and terrorist offences as aggravating factors.
Mitigating Factors [Paragraph 5]
Mitigating factors are ones which should inspire a more lenient sentence. Under Sentencing Act 2020, helping the prosecuting or entering an early plea will reduce the sentence of an offender. The sentencing guidelines state an early guilty plea can reduce the sentence by up to a third, a quarter if the trial date has been set and a tenth if the trial has started. Other mitigating factors include the issuing of only a single blow, the action being impulsive and provocation.
Pre-Sentencing Report [Paragraph 6]
Pre-sentencing reports are issued by the probation service and give information about the offender’s background including their employment situation, family commitments and service to the community. The offender will be assessed as to their risk of reoffending and whether they are a risk to the public and, based on this, a type of sentence will be recommended.
Victim Impact Statement [Paragraph 7]
A victim impact statement may also affect sentencing as it informs the court of the affect the offender’s crime has had on the victim. It does not need to be taken into account but is being increasingly used in reaching the final decision.
