Sentencing

Question 1

Concurrent sentence

Answer 1

Various offences arise out of the same set of facts
- offences arising out of the same events

Question 2

Consecutive offence

Answer 2

Offences arise out of different set of facts
- defendant has done something which needs to be punished separately

Question 3

Example of concurrent sentence

Answer 3

Two 12-month sentences to run concurrently = total sentence of 12 months

Question 4

Example of consecutive sentence

Answer 4

Two 12-month sentences to run consecutive = total sentence of 24 months

Question 5

What is the overriding rule for sentencing?

Answer 5

That is is just and proportionate

Question 6

When is a suspended sentence activated?

Answer 6

If the defendant commits any offence within the operational period - some or all of the suspended sentence can be activated

• not a re-sentence
• the sentence is activated
• the court must activate the custodial sentence unless it would be unjust

Question 7

How long is an operational period?

Answer 7

Between six months and two years
- operational period is how long the custodial sentence is suspended for

Question 8

What are the maximum custodial sentences in MC and CC (what defendant would have received but for it being suspended)

Answer 8

Maximum of 6 months in MC
Maximum of 2 years in CC

Question 9

Reductions for entering a guilty plea

Answer 9

• guilty plea at first stage of proceedings - max 1/3
• guilty plea after first stage of proceedings - max 1/4
• guilty plea on first day of trial - max 1/10

Question 10

What is included in the definition of ‘first stage in proceedings’ for max 1/3 reduction in sentence?

Answer 10

A guilty plea at the magistrates’ court first hearing

• first stage in proceedings includes first appearance at the magistrates court

Question 11

Can prisoners have time subtracted from their sentence for time already served on remand?

Answer 11

Yes they are entitled to - time should be subtracted unless the court feels it unjust

Question 12

When are prisoners entitled to be released during their sentence?

Answer 12

All prisoners are entitled to be released halfway through their sentence and then are on a period of supervision or a licence

E.g., sentenced for 3 years - likely to serve 1.5 years in jail, and the other half in the community under supervision

Question 13

Sentencing powers of the magistrates court

Answer 13

• one or more summary offence: max 6 months imprisonment
• one either way offence: max 6 months imprisonment
• two or more either-way offence: max 12 months’ imprisonment

Question 14

What can the magistrates do if they feel their sentencing powers are insufficient?

Answer 14

If a defendant is found guilty in MC for an either-way offence and magistrates determine their sentencing powers are insufficient - they can send the defendant to Crown Court for sentencing

• Crown Court will have the same sentencing powers as if the defendant had been tried in the Crown Court

Question 15

Can the magistrates send a defendant sentenced for a summary only offence to the Crown Court?

Answer 15

NO - there is no power to commit summary only offences to the Crown Court for sentencing

Question 16

Detention and Training Orders (Youth Court)

Answer 16

DTO is the only custodial sentence available in the youth court
- should always be seen as the last resort
- they only apply where the youth has been convicted of an offence which is punishable by imprisonment in case of an adult

• no DTO imposed on any offender aged 10-11
• no DTO imposed on any offender aged 12-14 unless they are a persistent offender

Question 17

What sentences only apply to youths?

Answer 17

• detention
• training orders
• referral orders
• youth rehabilitation orders

Adult magistrates court should remit the sentence back to Youth Court unless sentencing powers are sufficient
- adult magistrates court is limited to fines, discharges and referral orders

Question 18

What is a referral order?

Answer 18

A mandatory sentence in youth court or magistrates court for most children/young people who have committed an offence for the first time and have pleaded guilty to an imprisonable offence

• requires offender to attend meetings with youth offender panel

Conditions
- offence is imprionsable
- defendant pleads guilty
- defendant has no previous convictions

Question 19

Youth rehabilitation order

Answer 19

Offence must have been serious enough

• youth under the age of 15 cannot be given youth rehabilitation order unless they are a persistent offender

Question 20

DTO - custodial sentence

Answer 20

Can only be imposed if statutory threshold is passed

Question 21

What is the custody threshold for sentencing adults?

Answer 21

The offence is so serious that neither a fine alone or community sentence is justified

Question 22

Community threshold for sentencing

Answer 22

The court must not make a community order unless it is of the opinion that the offence is serious enough to warrant such an order