Sentencing

Question 1

Full 1/3 discount on sentence

Answer 1

Where a guilty plea is indicated at the first stage of proceedings:

• At 1st hearing in MC
• At 1st hearing in MC where the case is committed for sentence to CC
• At the MC to an offence triable only on indictment followed by guilty plea at 1st hearing in CC.

Question 2

1/4 discount awarded

Answer 2

Where guilty plea indicated at PTPH

Question 3

1/10 discount awarded

Answer 3

Where guilty plea entered on 1st day of trial taking place.

Question 4

Mitigation - the offender

Answer 4

Age of D
Health of D
Cooperation with police/early guilty plea
Voluntary compensation
Remorse
Character
Family circumstances
Low risk of re-offending

Question 5

Custody threshold

Answer 5

Offence is so serious that neither a fine alone nor a community sentence can be justified.

Question 6

Young offender institution

Answer 6

Where adult offender aged between 19-21 serves their custodial sentence, instead of prison.

Question 7

Early release

Answer 7

Custodial sentences of up to 2 years = automatically be released halfway and be on licence until the end of the sentence.

Custodial sentences of 2+ years = released automatically after serving half the sentence with the remaining half served on licence.

Offenders of particular concern aren’t entitled to automatic early release and must apply for parole.

Question 8

Suspended sentence

Answer 8

A custodial sentence of 14 days and no more than 2 years (or 12 months in MC) may be suspended for 6 months and no more than 2 years (operational period).

Question 9

Supervision period

Answer 9

When ordering a suspended sentence, the D must comply with 1 or more requirements ending no later than the end of the operational period.

Question 10

D breaches community sentence without reasonable excuse

Answer 10

Probation Service warns D

If within the following 12 months, the D fails to comply, the officer will report the matter to court who will either:
- amend the order and impose more onerous requirements
- revoke the order and re-sentence D without considering custody threshold
- revoke the order and impose custodial sentence.

Question 10

Principle of seriousness

Answer 10

Court must consider offender’s culpability in committing the offence, and any harm which the offence caused, was intended to cause, or might foreseeably have caused.