Sentencing Flashcards
Concurrent sentence
Various offences arise out of the same set of facts
- offences arising out of the same events
Consecutive offence
Offences arise out of different set of facts
- defendant has done something which needs to be punished separately
Example of concurrent sentence
Two 12-month sentences to run concurrently = total sentence of 12 months
Example of consecutive sentence
Two 12-month sentences to run consecutive = total sentence of 24 months
What is the overriding rule for sentencing?
That is is just and proportionate
When is a suspended sentence activated?
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
How long is an operational period?
Between six months and two years
- operational period is how long the custodial sentence is suspended for
What are the maximum custodial sentences in MC and CC (what defendant would have received but for it being suspended)
Maximum of 6 months in MC
Maximum of 2 years in CC
Reductions for entering a guilty plea
- 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
What is included in the definition of ‘first stage in proceedings’ for max 1/3 reduction in sentence?
A guilty plea at the magistrates’ court first hearing
- first stage in proceedings includes first appearance at the magistrates court
Can prisoners have time subtracted from their sentence for time already served on remand?
Yes they are entitled to - time should be subtracted unless the court feels it unjust
When are prisoners entitled to be released during their sentence?
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
Sentencing powers of the magistrates court
- one or more summary offence: max 6 months imprisonment
- one either way offence: max 12 months imprisonment (the maximum sentence that MC can impose for a single-either way offence has increased to 12 months!)
- two or more either-way offence: max 12 months’ imprisonment
What can the magistrates do if they feel their sentencing powers are insufficient?
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
Can the magistrates send a defendant sentenced for a summary only offence to the Crown Court?
NO - there is no power to commit summary only offences to the Crown Court for sentencing
Detention and Training Orders (Youth Court)
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
What sentences only apply to youths?
- 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
What is a referral order?
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
Youth rehabilitation order
Offence must have been serious enough
- youth under the age of 15 cannot be given youth rehabilitation order unless they are a persistent offender
DTO - custodial sentence
Can only be imposed if statutory threshold is passed
What is the custody threshold for sentencing adults?
The offence is so serious that neither a fine alone or community sentence is justified
Community threshold for sentencing
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
