Sentencing Flashcards
Sentencing
How long can a sentence be deferred for?
6mths deferment order (according to change in circs’ and/or conduct after conviction)
must be in the interests of justice to do so
Not an acquittal
Sentencing
Earliest a Defendant can plead Guilty
Summary/Either-Way offence- 1st appearance at MC (PBV)
Indictable only offence- the PTPH but D can give indication of intention to plead guilty when in MC- this gives MAX CREDIT (1/3) and D can then be sentenced at PTPH.
Sentencing
3 Statutory Aggravating Factors
- Offence committed whilst on Bail
- Previous convictions
- Racially/Religiously motivated (or sexual orientation etc)
Each offence also carries own specific factors too
Sentencing
5 Statutory Mitigating Factors
- Greater degree of provocation than normal
- Mental illness or disability
- Youth/Age
- Played a minor role
- Unjustifiable delay between offence and sentence
Sentencing
4 Types of Sentence
- Discharge (absolute/conditional- max 3yrs)
- Financial Penalties- both courts unlimited fine powers
- Community sentences- threshold is “serious enought to warrant a community sentence”)
- Custodial Sentences
Sentencing
5 x (common) Community Orders
- Unpaid Work supervised by PO
- Programme (e.g. sex offender)
- Curfew (max 12mths)
- Drug Rehab (min 6mths)
- Alcohol Treatment (min 6mths)
Sentencing
What is the Custody Threshold Test?
Custodial sentence must not be imposed unless the court thinks the offence is so serious neither a fine or Community Order can be justified
Still needs to be passed for Suspended sentence
Sentencing
Max Custodial Sentence for Magistrates Court?
12mths
Sentencing
Suspended Sentence limits?
A sentence between 2 weeks and 2 years can be suspended for between 6mths and 2 years
Sentencing
Victim Compensation
Paid to V for loss or damage as per s55 Sentencing Act 2020.
Duty on court to order compensation unless it gives reasons for not doing so (no need for application from V)
