Sentencing Flashcards
When is a suspended sentence imposed?
When there’s a custodial sentence of at least 14 days but no more than two years (or six months in the case of the magistrates’ court)
For how long may a custodial sentence be imposed?
Between six months and two years.
The period during which the sentence is suspended is
known as the …..
‘operational period’.
What can trigger a suspended sentence of imprisonment?
Committing an offence during the operational period - offence does not have to be an imprisonable offence
To seek leave in appealing a sentence, what step must be taken?
A notice of application for permission to appeal with draft grounds for appeal must be sent to the Registrar of Criminal Appeals within 28 days from the date of conviction
If a defendant appealed a sentence from the Magistrates Court, what can the Crown Court do and not do?
The Crown Court has the power to impose any sentence, as long as it is a sentence which the magistrates’ court had the power to impose
e.g if MC sentenced to 4 months then CC can only sentence up to 6 months (max of MC).
To appeal against a conviction at the Crown Court, The defendant has …. days to appeal from the date of her …., rather than the date of her …..
28
conviction
sentence
The general rule where a suspended sentence order is imposed and a further offence is committed during the operational period of the order is for:
A custodial sentence to be imposed for the …. offence and the suspended sentence will be activated to run …. and …. with this sentence.
present
fully
consecutively
A prisoner will generally be released after serving …. their sentence
half
An appeal to the High Court by way of case stated is only available when the magistrates’ court has made an …. .. …. in reaching their decision.
error of law
In the absence of an error of law or procedure by the magistrates, the only route of appeal against a conviction is to the …. ….
Crown Court
Appeal to the Court of Appeal (Criminal Division) is only available from decisions of the Crown Court following a trial on ….. There is no power to appeal to the Court of Appeal from the ….’ court.
indictment
magistrates
Under the ‘Reduction in Sentence for a Guilty Plea’ Definitive Guideline, where a guilty plea is indicated after this first stage of the proceedings, the maximum level of the reduction is only … , and not the full reduction of ….
1/4
1/3
Under the ‘Reduction in Sentence for a Guilty Plea’ Definitive Guideline, a reduction in discount to ….or even to …. should only apply where a guilty plea is entered on the first day a trial is meant to take place (one-tenth discount) or it may be reduced further, even to zero, where the guilty plea is entered during the course of the trial
1/10
zero
If there is an error of law or procedure by the magistrates, by when must the defence apply to the magistrates’ court to appeal by way of case stated to the High Court?,
Within 21 days after the day on which the decision of the magistrates’ court was given.R
