Sentencing Flashcards
What is the statute for sentencing?
Legal aid, sentencing and punishment of offenders act 2012
And sentencing act 2020
What does section 57 of setnencing act 220 state that a court setnencing an offender age 18 r over must have regard?
Punishment of offenders
Reduction of crime
Reform and rehabilitation of offenders
Protection of public
Making of reparation by offenders to persons affected by their offence
What is the setnecning council of England and Wales?
Guidelines prepared and updated. Has the power to prepare sentencing guildeines, and must have regard to current setnecning practice, need to promote consistency in setnencing, impact of decisions, need to promote public confidence, cost of different setnences, effectiveness of re-offending reducing.
What is the principle of seriousness?
One of the key concepts a setnencing court is required to consdier, is SERIOSUNESS.
Must consider:
Offenders CULPABILITY in committing offence, and
Any HARM which the offence caused, intended to cause, might have caused
What is culpability of seriousness?
4 levels of culpability:
Intention to cause harm (planned offence) worse harm, greater seriousness
Reckless as to whether har is caused
Has knowledge of specific risks entailed by actions
Is guilty of negligence
What is harm in seriousness of offence?
Harm may be caused by individuals, or community.
Physical, sexual, financial, damage to health, psychological
What are the STATUTORY aggravating factors?
Previous convictions (must treat as aggravating, having regard to nature and time elapsed since conviction)
Offences committed whilst on bail
Racial or religious aggravation (any motive for committing offence)
Hostility based on sexual orentation or disability
What are other aggravating factors that are in the sentencing guildiens on seriousness?
Offences that are planned/premeditated
Offenders operating in grounds
Deliberate target of vulnerable grounds
Offences whilst under influence
Use of weapon
Deliberate and gratuitous violence or damage to property
Offences involving abuse of position of trust
Offences committed against working in public sector, or providing service to public
High value of property of victim
Failure to respond to previous sentences
What is the list of mitigating factors in teh setnecning guidelines which reduce the seriousness?
Offences where D acted on impulse
Where D has experienced a great degree of provocation
Defendants hwo are entally ill or physically disabled
If D is younger old
Fact that D played a minor role in offending
D who were motivated by genuine fear
D who has made an attempt to make reparation to victim
What is seciton 73 of the setnecning a ct 2020?
Reducing in setnence for a guilty plea, court must take into account the guilty plea. Saves victims and witnesses stress, anxiety time and money.
What is the reduction of setence if there is a guilt plea at first hearing in magistrates court/first hearing in magistrates court where case is then committed for setnencing to crown/indication of guilty plea in magistrates to offence indictment, following by guilty plea at first hearing in crown court?
One third.
What is the reduction in sentence indicated after first stage of proceedings?
Max level is one quarter reduction
What is the reduction of setnence indicated at the PTPH?
One quarter
When should the reduction be decreased from 1/4 to 1/10?
Where a guilt plea is entered on the first day the TRIAL was meant to take place.
What is the totality principle?
When an offender is being sentenced, the court will take into account both the offence they are being sentenced, and any associated offences.
What is TIC
Take other offences into consideration
What are the steps for the sentencing guidelines?
1: determine offence category
2: shape the provision setnecing - starting point ad category range
3: consider any factors which reduce sentence (assistance to police etc)
4: reducing in sentence for guilty plea
5: imposing extended sentence (s 61 of SA2020, court will be required to consider imposing such setnence if DANGEROUS OFFENDER
6: totality principle
7: compensation and other ancillary orders
8: giving reasons
What are the different offence categories that make step 1 in sentencing guidelines?
3 categories:
1. Greater harm and enhanced culpability
2: greater harm OR enhanced culpability
3 lesser harm and Low level culpability
What is included in the provisional setnence step 2 of sentencing guidelines?
Aggravating and mitigating factors. Holistic approach is taken