Sentencing Flashcards
When does sentencing occur?
Guilty plea or found not guilty
Which courts are courts of first instance with sentencing powers?
- magistrates
- youth
- crown
Can a summary only offence be sentenced in the crown court?
No
Can an indictable offence be sentenced in the magistrates court?
No
Can a guilty plea for an either way offence be tried in the magistrates court?
Yes but can commit to crown court for sentencing
Can a not guilty plea for an either way offence be tried in the magistrates court?
Yes but can commit to crown court for sentencing
Can a not guilty plea for an either way offence which is sent to the crown court for trial be sentenced in the magistrates court?
No
What is the process for a newton hearing where the prosecution doesnt accept the defendant’s basis?
- D drafts written basis of plea
- Prosecution decides not acceptable
- Does judge think basis absurd?
* If yes = sentence on P basis
* If no… - Will it make a material difference to sentencing?
* If no = sentence on D basis
* If yes…
Newton hearing
What is the process for a newton hearing where the prosecution accepts the defendant’s basis?
- D drafts written basis of plea
- Prosecution decides acceptable
- Does judge accept the basis?
* If yes = sentence on D basis
* If no…
Newton hearing
Will there be a jury at a newton hearing?
No
What does the court decide in a newton hearing?
Whether prosecution has proved version of facts beyond reasonable doubt
What is the consequence where the court decides to sentence a defendant on the prosecution basis in a newton hearing?
Defendant loses some credit for guilty plea
What sentences are likely to be given where there is more than one offence arising out of the same facts?
Concurrent
What sentences are likely to be given where there is more than one offence arising out of different facts?
Consecutive
How long can a court defer a sentence?
up to 6 months
When can a defendant ask for an indication of sentence at the magistrates court?
Either way offence and magistrates court accepted jurisdiction
What can the defendant ask regarding indication of sentence at the magistrates court?
indication of sentence if remaining in magistrates and pleading guilty
Does the magistrates court have to give an indication of sentence?
No
What will the indication of sentence be if the magistrates decide to give one?
Custodial or non custodial
Will a magistrates indication of sentence be binding?
Yes if D pleads guilty
When can a defendant ask for an indication of sentence at the crown court?
Before Pre trial preparation hearing or
any stage before jury returns verdict
What must the defendant do in order to ask for an indication of sentence at the crown court?
- Either accept P facts or written basis of plea agreed by parties and court
- Give clear instructions to counsel that D wishes to ask for an advance indication
What are the factors in the courts deciding the seriousness of an offence for sentencing purposes?
- cuplability
- harm
What is the threshold for passing a custodial sentence?
only if so serious that fine/community sentence cant be justified
What is the threshold for passing a community sentence?
Only if serious enough to warrant making order
When will the courts not have to follow sentencing guidelines?
Contrary to interests of justice
What must the court obtain before passing a custodial/community order?
Pre-sentence report
How much credit for a guilty plea can be achieved?
- Guilty plea at first stage of proceedings = max 1/3
- Guilty plea after first stage of proceedings = max 1/4
- Guilty plea on day of trial = max 1/10
What are the non custodial sentences?
- bind over
- absolute discharge
- conditional discharge
- fine
- community order
What makes binding over different to other sentences?
Can be imposed instead of entering guilty plea or being tried
Can be imposed following acquittal or on a witness
What is binding over?
Bound over to ‘keep the peace’ for sum of money that they forfeit if fail to do so
What is a conditional discharge?
If commits another offence during specified period, can be re-sentenced for original and new offence
What is the maximium specified period for a conditional discharge?
3 years
What can a fine not be imposed alongside?
hospital order
discharge
When can a community order be given?
- over 18
- punishable with imprisonment
What is the maximum length of a community order?
3 years
What must a community order not conflict with
religious beliefs
time of work/education
When will breach of community order proceedings be instituted?
After second failure to comply without reasonable excuse
What are the courts options in breach of community order proceedings?
- Amend order to make it more onerous
- Fine up to £2,500 or
- Revoke community order and re-sentence
How long can a court extend a community order?
up to 6 months beyond 3 year limit
What may happen where a defendant wilfully and persistently fails to comply with a community order?
can impose custodial up to 6 months even if offence not imprisonable
What are the custodial sentences?
- Determinate custodial
- Suspended
- Minimum for third domestic burglary/third class A drugs
- Extended determinate
- Mandatory life – murder
- Statutory life
What period must a custodial sentence be for?
Must be shortest possible period to reflect purpose of sentence
What is a determinate custodial sentence?
Immediate imprisonment for defined period of time
How does remand count towards a determinate custodial sentence?
Automatically
How does bail under curfew count towards a determinate custodial sentence?
If curfew for at least 9 hours
Court must state that curfew counts
How long can a sentence be suspended by the magistrates court?
Between 14 days and 6 months
How long can a sentence be suspended by the crown court?
Between 14 days and 2 years
What are the three elements of a suspended sentence?
- custodial term
- operational period
- supervision period
How long can a supervision period be?
between 6 months and 2 years and equal/shorter than operational period
Who can impose the minimum third class A sentence/third domestic burglary?
Crown court
What is the minimum sentence for a third class A offence
7 years
How can a sentence for third class A offence be reduced where the defendant pleads guilty at the first opportunity?
Final sentence must be at least 80% of 7 years
What is the minimum sentence for third domestic burglary?
3 years
Can multiple commissions of burglary which are sentenced together count towards multiple convictions for a third domestic burglary
No - combined sentence counts as 1
Is the period of custody extended in an extended determinate sentence?
No - licence period is extended
What are the requirements for the licence period of an extended determinate sentence?
- At least one year and
- Not exceed
o 5 years where specified violent offence
o 8 years where specified sexual offence/terrorism offence
When will an offender be eligible to apply for parole during an extended custodial term?
2/3 of custodial term
What sentence must be passed for murder?
Mandatory life
What happens on the expiry of a mandatory life sentence?
Defendant can apply for release to parole board
What sentence is given for the most serious cases of murder?
Whole life order
What are the starting points for a mandatory life order?
30 years, 25 years and 15 years
What happens to a defendant who is released after a mandatory life order?
Remain on licence for life
which offenders will be given a statutory life sentence?
Dangerous or convicted of second very serious offence
