Sentencing

Question 1

There are three categories of offences:

Answer 1

Summary offences
 Triable-either-way offences
 Indictable offences

Question 2

Magistrates Court

Answer 2

The Magistrates’ Court deals with summary offences and triable- either-way offences, when the defendant elects trial there
 Trials at the Magistrates’ Court are decided by a bench of three Magistrates, assisted on points of law by their legal advisor.

Question 3

Crown Court

Answer 3

The Crown Court deals with all indictable offences and with triable- either-way offences where the defendant has elected trial in the Crown Court, or the Magistrates decide the case is too serious for them
 Trial at the Crown Court is by judge and jury: the jury decide the verdict (guilty or not guilty) on the facts of the case

Question 4

Appeals

Answer 4

Appeals from the Magistrates’ Court normally go to the Crown Court,
but appeals on points of law go to the Administrative Court.
 Appeals from the Crown Court go to the Court of Appeal.
 The defendant can appeal against conviction and / or sentence
 The prosecution has limited rights of appeal
 The Court of Appeal can only hear appeal against an acquittal by a jury
where
o The acquittal was the result of the jury being nobbled
o There is new and compelling evidence of the acquitted person’s
guilt and it is in the public interest for the defendant to be retried

Question 5

The Types of Sentences for Adult Offenders

Answer 5

Custodial (mandatory life, discretionary life, fixed-term, extended sentences…)
 Fines (money paid to the court)
 Community orders (with requirements like unpaid work, anger
management courses…)
 Discharges (absolute or conditional)

Question 6

Ancillary Orders

Answer 6

 Compensation orders (money paid to victim)
 Disqualification from driving
 Forfeiture order (hand over stolen goods, items used to commit the
crime etc.)

Question 7

The Aims of Sentencing

Answer 7

 Punishment of offenders – requires proportionate sentence
 Deterrence (reduction of crime) – requires harsh sentence
 Protecting the public – imprisonment, driving bans, curfews, etc.
 Rehabilitation – community orders, with requirements like anger
management courses
 Reparation – compensation orders / unpaid work

Question 8

Factors Affecting Sentencing

Answer 8

 Maximum sentence – each offence has its own maximum sentence
 Seriousness of the offence – sentence should reflect this (CJA 2003)
 Aggravating factors – increase the sentence
 Mitigating factors – make a sentence more lenient

Question 9

Evaluation

Answer 9

 Sentencing policy impacts prison population
 UK has highest prison population in Europe
 Custodial sentences poor in preventing reoffending
 Community orders more successful than custodial sentences
 Custodial sentences particularly damaging to vulnerable women and their
families