Sentencing

Question 1

What is the purpose of a Newton Hearing?

Answer 1

It is a hearing during which the court will determine the FACTUAL BASIS upon which the defendant will be sentenced

Question 2

Under Sentencing Code 2020 - how much reduction in sentence can a defendant get for a guilty plea / at what stage?

Answer 2

1. Max 1/3 discount can be applied for a guilty plea entered at the earliest opportunity
   - For summary/either way offences at Mags court = this will be at the first hearing at Mags court
   - For offences triable only on indictment: D would need to indicate guilty plea at Mags court BEFORE the Plea and Trial Preparation hearing at the CC
2. AFTER THIS = max discount is 1/4
   - e.g. if D changes plea to guilty before the trial (mags court trial)
   - if D changes plea to guilty after PTPH at CC (indictable only at CC)

Question 3

When there is a dispute on the factual basis of the offence and the dispute may have a bearing on the type of sentence the court imposes - what will the court do?

Answer 3

Court must either:
- accept the defendants version of events
- or allow both the prosecution and the defendant to call evidence so that the SENTENCING COURT can determine the true factual circumstances of the offence - at a NEWTON HEARING

(NB: trial of facts not for jury - their role is to determine guilt or innocence )

Question 4

Can court suspend custodial sentence? / what is the range of sentence that can be suspended/ how long can it be suspended for?

Answer 4

• Section 288 of Sentencing Code 2020 allows custodial sentences to be suspended if court considers that circumstances exist which justify the suspension
  ( e.g. single parent looking after a disabled child who might go into care if D serves custodial sentence)
• Custodial sentence of at least 14 days but no more than 2 years may be suspended
• Custodial sentence can be suspended between 6 months and 2 years