Sentencing Flashcards
What is the greatest reduction to a custodial sentence?
One-third off when at earliest chance
After the first stage what is the custodial discount for pleading guilty?
One quarter off, down to one tenth off after the first day of trial.
s308 Sentencing Code E16 26
The assessment of dangerousness. No requirement for previous convictions but may consider all circumstances.
R v Burke 2017
Previous convictions not necessary to establish dangerousness.
R v Northallerton Magistrates Court, ex parte Dove D33 27
The purpose of the costs order is to compensate the prosecutor and not to punish the defendant.
ALSO
Fines take precedence over costs. Costs can be reduced.
s120 Sentencing Act
A fine is not a bar to a custodial sentence.
When sentencing, may a judge use more than one sentencing purpose?
They may under Sentencing Act s57 but not essential or preferable.
Does a stronger case for the prosecution do anything to mitigate the discount for a guilty plea?
No!
Sentencing Council key principles. Because saves witnesses from testifying etc.
‘The benefits apply regardless of the strength of the evidence against an offender. The strength of the evidence should not be taken into account when determining the level of reduction.’
If a plea of guilty is offered to the prosecution but not accepted, will it be discounted?
PLEA MUST BE ENTERED. Not enough to merely say it to prosecution.
