Factors To Consider When Sentencing A Criminal Sentence

Question 1

2 main factors to consider

Answer 1

Aggravating and mitigating factors

Question 2

Aggravating factors?

Answer 2

Things that increase D’s sentence
E.g: showing no remorse
Having previous convictions
Targeting vulnerable victim

Question 3

Mitigating factors

Answer 3

Factors to reduce D’s sentence
- pleading guilty
-trying to make amends
- first time offender

Question 4

Who sets up examples of relevant examples of aggravating and mitigating factors

Answer 4

The sentencing council

Question 5

What do the sentencing council do?

Answer 5

• set out examples of aggravating and mitigating factors
• set out different starting points a judge may arrive at based on the crime

Question 6

Why do they set out staring points?

Answer 6

• hopes that the public better there understanding in how crimes are sentenced
• also improves consistency of the sentencing

Question 7

What is prepared by the probation?

Answer 7

Pre sentence reports

Question 8

What do pre sentence reports do

Answer 8

• give details on the offenders background and suitability for community order rather than custodial sentence

Question 9

What happens if offender has a physical or psychiatric issue?

Answer 9

• the court will ask for a medical report to choose appropriate sentence