Sentencing

Question 1

Explain the role of the Sentencing Council of England and Wales.

Answer 1

They produce and update the sentencing guidelines in relation to any sentencing ,matter including guidelines for specific offences.

Council is made up of 8 judicial members and 6 non judicial members.

Question 1

List the five purposes of sentencing for those aged 18 and over.

Answer 1

1) Rehabilitation and reform of the offenders.

2) Punishment of the offenders;

3) Protection of the public;

4) Reparation by offenders to those people affected by their offences.

5) Reduction of crime.

Question 2

Do courts have to follownthe sentencing guidlines?

Answer 2

Judges when sentencing have a duty to follow any relevant sentencing guidelines, unless they are satisfied it is in the interests of justice not to do so.

Question 3

List some of the things the sentencing council take into consideration when producing the sentencing guidelines.

Answer 3

• regard to current sentencing practice;
• impact of sentencing decisions on the victims of crime;
• need to promote public confidence in the criminal justice system.
• cost of different sentences and their effectiveness in reducing reoffending.

Question 4

Summarise the principle of seriousness.

Answer 4

Key concept of sentencing court must consider when passing sentencing is seriousness.

s63 Sentencing Act 2020 requires court to consider:
(a) the offender’s culpability in committing the offence; and
(b) any harm which the offence:
(i) caused;
(ii) was intended to cause; or
(iii) might foreseeably have caused.

Question 5

List the four levels of culpability in the sentencing guideline’ Overarching Principles: Seriousness’.

Answer 5

1) intention to cause harm - highest culpability level being where an offence is planned. the worse the harm intended, the greater the seriousness.

2) Reckless to causing harm - covers situations where D appreciates some harm would be caused but goers ahead with action giving no thought to the consequences despite the risk being obvious to most people.

3) Knowledge of risk - where D has knowledge of the risks associated with their actions even though the offender doesn’t intend to cause the harm that results.

4) D is guilty of negligence.

Question 6

List the different types of harm which can be caused by crime (as contained within the principle of seriousness).

Answer 6

May be caused either to individuals, or to the community at large. Types of hair include the following:

• physical injury;
• sexual violation;
• financial loss;
• damage to health; and
• psychological distress.

Question 7

Explain the prevalence principle.

Answer 7

Courts have a duty to provide consistency in their sentencing of each crime across the country.

however if a particular offence is more common in a certain area, courts may treat that offence more seriously with a more severe sentence than elsewhere, provided they have evidence these offences are causing harm to the local area.

Question 8

List the 4 aggravating factors.

Answer 8

1) Previous convictions;
2) Offences committed whilst on bail;
3) Racial or religious aggravation;
4) Hostility based on sexual orientation or disability.

Question 9

Explain the aggravating factor - previous convictions .

Answer 9

Court must treat previous convictions more seriously if they consider it reasonable to do so.

What is releasable will involve considering the seriousness and. nature of the previous conviction, swell as the time which has elapsed between the two offences.

In practice this means previous convictions are likely be treated as an aggravating factor if they have been committed recently and/or are a similar type of offence.

Question 10

Explain the aggravating factor - offences committed whilst on bail.

Answer 10

If offender was on bail in respect of another offence when they committed the current offence, court MUST treat this as an aggravating factor.

Question 11

Explain the aggravating factor - racial or religious aggravation.

Answer 11

Any racial or religious motive for committing the offence MUSt be treated as an aggravating factor.

Question 12

Explain the aggravating factor - hostility based on sexual orientation or disability.

Answer 12

Hostility towards victim based on sexual orientation or disability Must be treated as an aggravating factor.

Question 13

List the other aggravating factors the court MAY consider when sentencing (ie those which are not obligatory).

Answer 13

• offences planned or premeditated;
• offenders operating in grou[ps or gangs;
• deliberate targeting of vulnerable groups;
• offences committed whilst under influence of drink/drugs;
• use of weapons;
  -deliberate violence or damage to property beyond that which is required to carry out the offence;
• offences involving the abuse of a position of trust;
• offences committed against those working in public sector or providing a service to the public;
• damage or theft of high value property (including sentimental value).

Question 14

List the mitigating factors a court may consider when passing sentence.

Answer 14

1) D has acted on an impulse;

2) D experienced a greater degree of provocation than usual;

3) D’s suffering from mental illness or physical disability;

4) If D is young or old (particularly young offenders who are immature/ been led astray by others);

5) The fact D played only a minor role in the offence;

6) D’s motivated by genuine fear;

7) D’s who attempt reparation to their victim.

Question 15

Does the court tend to reduce sentences for those who enter a guilty plea?

Answer 15

Yes.

In accordance with s 73 Sentencing Act 2020, D who enters guilty plea must take this into account, but must also assess the circumstance sunder which the guilty plea is entered and the stage of the proceedings at which they enter their guilty plea.

Question 16

When is a one third discount on the sentence available for a guilty plea?

Answer 16

This is available where D enters their guilty plea:

1) at first haring in the magistrates;
2) at first hearing at magistrates where the case is being committed for sentence at the crown court.
3) on indictment of a guilty plea in the magistrates court to an offence triable only on indictment, followed by a guilty plea at first hearing in the crown court.

Question 17

Are there any situations where D is entitled to a full reduction of their sentence for entering a guilty plea?

Answer 17

Yes but in rare situations where it would have bene unreasonable tho expect D to plead guilty at the first hearing.

Question 18

What is the impact of D entering a guilty plea after their first hearing?

Answer 18

The maximum reduction on sentence available will be one quarter of the sentence (as opposed to the one third you get if you plead guilty at first hearing).

Question 19

Explain the reductions available where D enters a guilty plea:

1) on the day of trial (prior to it starting);

2) during the trial.

Answer 19

1) one tenth reduction;

2) no reduction.

Question 20

Explain the totality principle.

Answer 20

When offender is being sentenced, court takes into account the offence and any associated offences.

Question 21

Define what is meant by an associated offence.

Answer 21

1) An offence for which D has been convicted in the same proceedings for which they are to be sentenced at the same time; or

2) An offence which D has asked the court to take into consideration when passing a sentence.

Question 22

Can D ask the court to take into consideration the other offences they are being charged with?

Answer 22

Yes.

The police will present D with a list of additional offences for which they are under investigation. D can then ask the court to take some or all of these into account when deciding the sentence for the current offence.

Question 23

What is the advantage of the court taking other offences D is charged with into account?

Answer 23

It wipes the slate clean in that they will not be subsequently prosecuted for such offences.

This is also an advantage to the police as it means they don’t have to commence fresh prosecution for the other offences.

Question 24

List the 8 steps of the sentencing guidelines.

Answer 24

1) Determining the offence category;

2) Shaping provisional sentence;

3) Considering factors which indicate reduction in sentence (such as assisting the prosecution);

4) Reduction in sentence for a guilty plea;

5) Imposing an extended sentence;

6) Totality principle;

7) Compensation and other ancillary orders.

8) Giving reasons.

Question 25

Explain the first step of the sentencing guidelines - ‘determining the offence category’

Answer 25

• Three categories which reflect the differing levels of harm and culpability.
• Category 1 offences involve BOTH greater harm and enhanced culpability.
• Category 2 offences reflects EITHER greater harm or enhanced culpability.
• Category 3 offences are those involving lesser harm and a lower level of culpability.
• Sentencing guidelines provide an exhaustive list of factors which held determine which category will be most appropriate for the offence.
• Once relevant category is identified, court must use the corresponding starting point sentence, which is then built on by the remaining steps in the guidelines.
• Starting points sentence applies equally to all offenders regardless of previous convictions or plea.

Question 26

Explain the second step of the sentencing guidelines - ‘shaping the provisional sentence - starting point and category range’

Answer 26

Once starting point from relevant category is identified, court will then look at aggravating and mitigating factors.

Factors are there to provide context of the offence ad the offender.

Aggravating and mitigating factors are considered together and a holistic approach is then taken.

Relevant statutory thresholds for each specific offence must also be considered.

Question 27

Explain the third step of the sentencing guidelines - ‘consideration of factors which indicate a reduction in sentence, such as assisting the prosecution’.

Answer 27

Court is allowed to reduce sentence for offenders if they have provided assistance to the police, usually in relation to other matters.

This is very uncommon in practice.

Question 28

Explain the fourth step of the sentencing guidelines - ‘reduction in sentence for a guilty plea’.

Answer 28

Reduction of sentence will likely be given for a guilty plea.

The sentencing council provides guidance on how much of a reduction should be awarded depending on the plea is entered into.

Question 29

Explain the sixth step of the sentencing guidelines - ‘totality principle’.

Answer 29

Court must consider this if offender is being sentenced for a number of offences to ensure the overall sentence in proportionate.

Question 29

Explain the fifth step of the sentencing guidelines - ‘imposing an extended sentence’

Answer 29

s61 Sentencing Act 2020 provides circumstances where court may be required to consider imposing an extended sentence.

For example, this may apply if D is considered a dangerous offender.

Question 29

Explain the seventh step of the sentencing guidelines - ‘compensation and other ancillary orders’

Answer 29

Court is reminded of their duty to consider whether or not to order offender to pay compensation, and also make any other appropriate ancillary orders (eg confiscation, destruction or forfeiture orders).

Question 30

Explain the eight step of the sentencing guidelines - ‘giving reasons’

Answer 30

s52 of sentencing act 2020 - ogles court to give reasons for their sentence.

This includes explaining to the offender the effect of the sentence which has been passed, the effect of non-compliance with the sentence and to identify the definitive sentencing guiltiness which have been followed to reach the sentence passed.

Question 31

Can mitigating factors or aggravating factors prompt the court to give a sentence either below or above the starting point for that category?

Answer 31

Yes.

Question 32

When would concurrent sentences not usually be awarded?

Answer 32

They would not be awarded where the offences arise out of the same incident.

A concurrent sentence may also be awarded where the matters of fact do not arise from the same incident, where the court applies the totality principle.

Question 33

When will the defence asks the probation service to prepare a pre-sentencing report (in the magistrates’ court)?

Answer 33

If D is:

1) going to plead guilty to all offences charged on the full prosecution facts; ad
2) going to co-operate with the Probation Service to prepare a report.

D’s legal reps must also be satisfied that:

1) D is likely to be sentenced in the magistrates court;
2) The offence is serious enough for a community offer and a pre-sentence report is likely to be necessary.

Question 34

In addition to the substantive points, what must D’s legal reps be satisfied D understands about the sentencing report before they request it?

Answer 34

They must be satisfied D understands:

1) pre-sentence report provides no indication of the sentence, and that all sentencing options remain open to the court;
2) court will decide whether to consider the pre-sentence report before plea, if the probation service produces one; and
3) the court may proceed to sentence without a pre-sentence report if the court considers a report necessary.

Question 35

Explain the provision of s30 Sentencing Act 2020.

Answer 35

Provides that the sentencing court must obtain and consider a pre-sentence report before forming an opinion on:

1) whether the custody threshold has been passed and, if it has, how long the custodial sentence should be; and

2) whether the threshold for imposing a community sentence has been passed and if so, the requirements that should be imposed on D under the community order.

Question 36

Give two examples of when the court may feel it is unnecessary to obtain a pre-sentencing report.

Answer 36

1) In a situation where a custodial sentence is inevitable due to the seriousness of the offence; or

2) Where the court has already gained a pre-sentencing report for that offender.

Question 36

Is the court required to obtain a presenting report?

Answer 36

No. They are not required to if in the circumstances of the case the court considers it unnecessary.

Question 37

Explain the provision os s30(4) Sentencing Act 2020.

Answer 37

If a court imposes custodial or community sentence before first obtaining/considering a sentencing report, this will not invalidate any resulting sentence.

Question 38

Explain the entitlement to mitigation.

Answer 38

The defence has an entitlement under the criminal procedure rules, to present mitigation before sentencing to the court, prior to the judge imposing its sentence.

It will usually involve a speech by the defence advocate, but can include the calling of character witnesses on behalf of D.

Question 39

Give a brief overview of the structure and objectives of the plea in mitigation in the Magistrates’ court.

Answer 39

Aim is to persuade sentencing court to impose the most lenient sentence available on D. The structure of the plea can be divided into 4 parts:

1) Likely sentence;
2) The offence;
3) The offender;
4) The suggested sentence

Question 40

Explain the ‘likely sentence’ stage of the defence’s plea in mitigation in the Magistrates’.

Answer 40

D’s advocate will research likely range of sentences, and indeitfy the likely starting point the court will take.

Objective of the plea in mitigation is to persuade magistrates’ to impose a sentence less severe than the starting point.

Question 41

Explain the ‘the offence’ stage of the defence’s plea in mitigation in the Magistrates’.

Answer 41

Once likely sentence is identified, plea focuses on offence itself. This requires defence advocate to:

1) minimise impact of any aggravating factors;
2) emphasise importance of any mitigating factors.

Question 42

Explain the defence’s focus on the offender in their mitigation plea.

Answer 42

Once the likely sentence and mitigating factors have been explored, defence will focus on the personal mitigation of the offender. This may help the court be more sympathetic towards D and perhaps lead them to impose a less severe sentence.

1) Age of the defendant - eg if they are young, they may be impressionable/ immature and courts are more likely to be sympathetic.

2) Health of the defendant - if D is a drug addict or alcoholic, defence may wish to suggest the sentence helps them overcome this addiction (eg a generic community order which incorporates rehabilitation from drink/drugs). Similarly, if D has long term illness/ injury, court may be sympathetic.

3) Co-operation with police/ early guilty plea -

Question 43

List the personal mitigation factors a defence plea in mitigation may draw attention to.

Answer 43

1) Age of the defendant

2) Health of the defendant

3) Co-operation with police/ early guilty plea

4) Voluntary compensation.

5) Remorse

6) Character

7) Family circumstances

8) Low risk of re-offending.

Question 44

Explain how the age of the defendant might be a mitigating factor.

Answer 44

If they are young, they may be impressionable/ immature and courts are more likely to be sympathetic.

Question 45

Explain how the health of the defendant might be a mitigating factor.

Answer 45

If D is a drug addict or alcoholic, defence may wish to suggest the sentence helps them overcome this addiction (eg a generic community order which incorporates rehabilitation from drink/drugs). Similarly, if D has long term illness/ injury, court may be sympathetic.

Note this is different from pointing out D was under influence of drugs or alcohol during the offence, as this would be an aggravating factor.

Question 46

Explain how D’s co-operation with the police/ guilty pleas might be a mitigating factor.

Answer 46

Defence will tell court if D has helped police, been co-operative with investigations and highlight D’s guilty plea where D did in fact plead guilty. Prompt confessions to police are of particular strength when arguing mitigation.

Question 47

Explain how voluntary compensation by D might be a mitigating factor.

Answer 47

D who voluntarily makes good image which they have caused (or who makes voluntary payment of compensation to their victim) is likely to receive credit for this.

Credit will be even greater if D is of low means and still compensated the victim of their own accord.

Question 48

Explain how remorse can be a mitigating factor.

Answer 48

Evidence of genuine remorse from D is very effective mitigation.

This is likely to be more effective if D has actually taken positive steps to tackle the problems which led them to commit the offence.

Eg if they committed theft to fund drug habit, court will look favourably on D if they have taken steps to rehabilitate themself and voluntarily sought treatment for their addiction.

Question 49

Explain how character of D might be a mitigating factor.

Answer 49

If D has no previous convictions, this should be used as a mitigating factor. defence are entitled to call witnesses to testify to D’s good character.

If D does have previous convictions, defence should try to distinguish these from the current case to avoid the court treating the previous convictions as an aggravating factor.

Question 49

Explain how a suggested sentence may work in the plea of mitigation.

Answer 49

Defence should include in their speech a suggested sentence they feel the court should impose.

This should be lower than the likely sentence and should reflect all relevant mitigating factors the defence has placed before the court. This suggested sentence must be realistic, and should therefore be towards the lower end of the range of possible sentences the court are considering.

Question 50

Explain how defence might use evidence of a low risk of D re-offending as a mitigating factor.

Answer 50

Pre-sentence report will address risks of D re-offending.

If this risk is low, D’s solicitor should draw attention to it in their plea.

Question 50

Explain how family circumstances might be a mitigating factor.

Answer 50

Defence should refer to D’s personal circumstances in plea of mitigation.

In particular, they may wish to draw attention to D having a job and home, and a family which will be supportive of their efforts to rehabilitate.

If D is young has comes from difficult situations at home (eg broken home, growing up in care) this could be used as a mitigating factor.

The pre-sentence report will dig into D’s home life and confirm any of the above if applicable. this will work in their favour should it be used in the plea of mitigation.

Question 51

If the defence advocate agrees with the suggested sentence in the pre-sentencing report, how can this be used in the plea for mitigation?

Answer 51

Defence should make the point that the sentence they are suggesting in their mitigation plea is also suggested by the report This adds more weight, making the court more likely to consider it viable.

Question 52

List the range of sentences available to the court.

Answer 52

1) Custodial;

2) Suspended sentence;

3) Community sentence;

4) Fine;

5) Discharge.

Question 53

Explain the test the court should apply in situations where they have discretion as to whether or not they award a custodial sentence (aka the Custody Threshold).

Answer 53

In accordance with s 230 Sentencing Act 2020, they must apply the threshold test.

Effectively, the court must not pass a custodial sentence unless it is of the opinion the offence or the combination of offences D is charged with, was so serious that neither a fine alone nor a community sentence can be justified for the offence.

Only if this threshold is passed can the court impose a custodial sentence.

Question 54

does the custodial threshold being passed automatically mean the court must impose a custodial sentence?

Answer 54

No.

If the threshold has only just about been passed, a guilty plea or very strong personal mitigation might warrant a non-custodial sentence being imposed in the circumstances.

Question 54

What is the effect on the custodial treshold test if D refuses to/ fails to express willingness to participate in a community sentence?

Answer 54

The threshold test will NOT apply where D fails to express willingness to participate in a community order sentence (in accordance with s230(4) Sentencing Act 2020).

Question 55

If the threshold test is passed, how does the court decide the length of the custodial sentence?

Answer 55

s231(2) provides the sentence must be for the shortest amount of time that (in the opinion of the court) is sufficient for the seriousness of the offence, or the combination of offences D is guilty of.

Question 56

What is the maximum custodial sentence the magistrates’ court can impose?

Answer 56

6 months.

they can impose a sentence of 12 months if they are sentencing D with two consecutive 6 month sentences for 2 separate either-way offences.

Question 57

What are the custodial sentencing powers of judges in the corn court?

Answer 57

They can impose a sentence up to the maximum for that offence as they see fit (ie anything within the statutory limits and those limits imposed by other regulations).

Question 58

Where will D serve their custodial sentence if between the ages of 19 and 21?

Answer 58

A young offenders institution (YOI).

Question 59

List the only three options for custodial sentences where D is a dangerous offender (in accordance with the definition in Part 10, Chapter 6 of the Sentencing Act 2020).

Answer 59

1) Automatic life imprisonment;
2) Discretionary life imprisonment; or
3) An extended sentence of imprisonment.

Question 60

Explain early releases and when they are applicable to D’s serving custodial sentences.

Answer 60

D serving custodial sentence will usually be released automatically half-way through their sentence

Adult D’s receiving custodial sentences of up to 2 years (for offences committed after 01.02.2015) automatically released at half way point and are then on licence in community to the end of the sentence. On release they will have a period of pot-sentence supervision for a period of 12 months.

Question 60

What is an offender of particular concern?

Answer 60

Offenders who are not entitled to automatic release on licence after serving half the sentence.

Instead they will have to apply for parole and may be released at any time from the half way point of their sentence.

They will then be releasee on licence and subject to supervision as with other offenders.

Offenders in this category will usually be those convicted of much more severe offences (eg terrorism and child sexual offences).

Question 61

When will a suspended sentence be imposed?

Answer 61

When the offence meets the custodial threshold, but the court decides circumstances exist which justify the suspension of the sentence.

Any custodial sentence from 14 days, up to 2 years can be suspended.

Question 62

What are the lengths of sentence which are able to be suspended?

Answer 62

Any custodial sentence between 14 days to 2 years.

Question 63

Explain the requirements the court may impose when giving a suspended sentence.

Answer 63

Likely to order D to comply during the suspension period (also known as the supervision period) with one or more requirements in s287 Sentencing Act 2020.

Question 64

Explain what happens if D breaches the conditions of their suspended sentence.

Answer 64

If D fails to comply, or commits a further offence during the supervision period, the judge may order them to complete the remainder of the sentence in prison.

If the suspended sentence was imposed by the magistrates’ court, either the magistrates or crown court can deal with the breach. If they were given a suspended sentence by the Crown Court, only the Crown Court can deal with the breach/ new offence.

Question 65

List the options available to the court when dealing with a breach of the conditions of a suspended sentence.

Answer 65

Court dealing with breach of suspended sentence must do one of the following:

1) Order the custodial sentence originally suspended to take effect;

2) Order the custodial sentence to take effect for a shorter period of time;

3) Amend the original order imposing more onerous community requirements on D; or

4) Amend the original order by extending the operational period, or by extending the supervision period.

Question 66

The court will impose some sort of custodial sentence (either for the whole or a shorter period than the original suspended sentence) unless they feel it is unjust do so. When might b=ut be deemed unjust todo so?

Answer 66

• Commonly this would be:

1) If D complied with all of the requirements and they are right at the end of the suspension period; or

2) The new offence they have committed is minor or a completely different type of offence to the one which received a suspended sentence.

• The court will also take into account any different circumstances, and the period of time which has elapsed since the suspended sentence was imposed.

Question 67

What is the maximum fine a court can impose on D for breaching a suspended sentence?

Answer 67

£2,500.

This can be imposed alongside ordering the sentence to be saved in custody.

Question 67

If the court orders the suspended sentence to be served in prison, and D has been found guilty of a new offence which attracts a custodial sentence, do these sentences run concurrently or consecutively?

Answer 67

Consecutively.

Question 68

List the various options available to the court when imposing a community order.

Answer 68

1) Unpaid work - 40 - 300 hours of unpaid work to be completed within 12 months.

2) Activity requirement - D must take part in specified activities to help them overcome specific problems, or activities to make reparation to the victim (eg repairing damage).

3) Programme requirement - requires D to take part in one or more courses to address D’s offending behaviour (eg anger management, sex offending or drug misuse).

4) Prohibited activity requirement - requires D to refrain from taking part in specific activities (eg not attending football matches).

5) Curfew requirement - requires D to be at particular location between certain hours. they will be tagged under this requirement.

6) Exclusion requirement - prohibits D from entering place (eg such as a shopping centre), for a period not exceeding two years.

7) Residence requirement - requires D to live at particular place ordered by the court.

8) Mental Health treatment requirement - requires D to agree to mental health treatment from a practitioner for a specified period.

9) Drug/alcohol Rehabilitation requirement - requires D to undertake treatment to reduce/ eliminate their dependancy on drugs/drink (and for drugs, to complete drug tests regularly to monitor their progress).

10) Supervision requirement - requires D to attend appointments with probation officer.

11) Attendance centre requirement - requires D to attend an attendance centre for anywhere between 12 and 36 hours. Only available to D’s under age of 25.

12) Foreign travel prohibition requirement - enables court to impose a prohibition on foreign travel as a requirement. Effect of this is to prohibit travel to country or countries outside UK.

Question 68

Explain the threshold which needs to be met for the court to impose a community order?

Answer 68

Court must not make a community order unless it is of the opinion that the offence or combination of the offence and one or more offences associated with it, was serious enough to warrant the making of such an order.

Question 69

Explain the procedure the D breaches a community sentence requirement.

Answer 69

D will first receive warning from probation officer which is supervising them.

If within 12 months, D again fails to comply, officer will report matter to the court which imposed the order. D will then appear before that court .

If court is satisfied that D has breached their order without reasonable excuse, they must:

1) amend order to impose requirements on D which are more onerous; or
2) revoke the order completely and re-sentence D for the offence, without taking into account the custody threshold; or
3) where D has wilfully and persistently failed to comply with the order, the court may revoke it and impose a custodial sentence (even if original offence was not one which is punishable by custodial sentence).

Question 70

What two options are available where D commits further offences whilst on a community order?

Answer 70

Magistrates’ may either allow the generic community order to connote, or if in the interest of justice to do so, they may either:

1) revoke the order and impose a custodial sentence for the new offence; or

2) revoke the order and resentence D for the original offence as if they have just been convicted of it. If this is done, court must have regard to the extent to which D has complied with the original order.

Question 71

In summary, explain the purpose of a Newton hearing.

Answer 71

if D pleads guilty to the offence but disputes the facts put forward by the CPS, a Newton hearing will likely be called. This will be important if the facts have a particular impact on the sentence which D will receive.

The court must determine the correct facts at the Newton hearing, and choose to accept D’s version of events, or allow both the CPS and defence to put forward their evidence in order for the court to determine the true version of events.

Question 71

Explain the basis of plea option which can circumvent the need for a Newton Hearing.

Answer 71

this can avoid a Newton hearing by defence and CPS agreeing on a version of events, which form the basis of the conviction and sentencing.

This is a document which sets out D’s factual version of events to an offence which D accepts they are guilty of.

If this basis of plea is accepted by CPS and the judge, sentence will proceed on this version of events. If either prosecution or judge disagrees, a Newton hearing will likely be called.

Question 72

When might a judge reject D’s version of events which will form the basis of plea?

Answer 72

If they feel the version of events put forward is absurd, or they feel the events put forward by the prosecution are much more serious and therefore warrants a Newton hearing to determine the true facts.