Sentencing Flashcards
1
Q
What is the first thing a court considers when determining a sentence?
A
“The seriousness of the offence
2
Q
What two things does the court look at to determine the seriousness of an offence?
A
“Culpability of the offender and the harm caused
3
Q
What are the two statutory thresholds a court must consider before imposing certain sentences?
A
“The threshold for a custodial sentence (Section 230 SA 2020) and the threshold for a community order (Section 204 SA 2020).”
4
Q
When can a court impose a custodial sentence?
A
“Only if the offence (or combination of offences) is so serious that neither a fine alone nor a community sentence can be justified (Section 230 SA 2020).”
5
Q
When can a court make a community order?
A
“Only if the offence (or combination of offences) is serious enough to warrant such an order (Section 204 SA 2020).”
6
Q
What is ‘culpability’ in sentencing?
A
“Essentially the blameworthiness of the offender
7
Q
What is ‘harm’ in sentencing?
A
“An assessment of the damage caused to the victim
8
Q
Are courts required to follow sentencing guidelines?
A
“Yes
9
Q
Where can you find sentencing guidelines?
A
“Magistrates’ court guidelines
10
Q
What happens at a sentencing hearing?
A
“Prosecution presents facts and submissions
11
Q
What are some of the prosecutor’s duties at a sentencing hearing?
A
“Reminding the court of previous convictions
12
Q
What is the defence’s role at a sentencing hearing?
A
“Ensuring a lawful sentence is passed and presenting mitigating factors.”
13
Q
What is a pre-sentence report (PSR)?
A
“A report obtained by the court (usually from probation) to assist in determining the most suitable way to deal with an offender.”
14
Q
When is a court required to obtain a pre-sentence report?
A
“Before passing a custodial or community sentence
15
Q
What is the general approach a court takes to sentencing?
A
“1. Determine offence seriousness. 2. Consider aggravating factors. 3. Consider mitigating factors. 4. Consider assistance to prosecution. 5. Consider guilty plea reduction. 6. Consider totality. 7. Consider ancillary orders.”
16
Q
What are aggravating factors?
A
“Factors that increase the seriousness of the offence (e.g.
17
Q
What are mitigating factors?
A
“Factors that reduce the seriousness of the offence or relate to the offender’s circumstances (e.g.
18
Q
What is ‘totality’ in sentencing?
A
“Ensuring that the final
19
Q
How do sentencing guidelines categorize offences?
A
“Usually into three categories (1 being the most serious
20
Q
What is a ‘starting point’ in sentencing guidelines?
A
“A reference point within a category that the judge will adjust based on aggravating and mitigating factors.”
21
Q
What is a ‘sentence range’ in sentencing guidelines?
A
“The potential span of sentences a judge can impose within a specific category.”
22
Q
What is ‘credit for a guilty plea’?
A
“A reduction in sentence given to defendants who plead guilty.”
23
Q
What is the maximum reduction for a guilty plea at the first stage of proceedings?
A
“Maximum 1/3.”
24
Q
What is the maximum reduction for a guilty plea after the first stage of proceedings?
A
“Maximum 1/4.”
25
What is the maximum reduction for a guilty plea on the day of trial?
"Sliding scale with a maximum of 1/10."
26
What must a court do when passing sentence?
"Explain the sentence in non-technical language
27
Where is a defendant usually sentenced if they plead guilty or are found guilty of a single offence?
"Immediately in the court where the plea or verdict occurred (Magistrates' or Crown Court)."
28
What are some reasons a court might adjourn sentencing for a single offence?
"Insufficient time
29
What are the time limits for adjourning sentencing in the Magistrates' Court?
"Up to four weeks if the defendant is on bail
30
If a defendant is charged with multiple offences and pleads guilty to some but not all, when is sentencing for the guilty pleas likely to occur?
"Usually adjourned until the conclusion of the trial for all offences to be considered together."
31
Where is a defendant sentenced if they plead guilty to a summary only offence in the Magistrates' Court?
"Only in the Magistrates' Court."
32
Where is a defendant sentenced if they are found guilty of a summary only offence after a trial in the Magistrates' Court?
"Only in the Magistrates' Court."
33
Where can a defendant who pleads guilty to an either-way offence in the Magistrates' Court be sentenced?
"In the Magistrates' Court
34
Where can a defendant who is found guilty of an either-way offence after a trial in the Magistrates' Court be sentenced?
"In the Magistrates' Court
35
Where is a defendant sentenced if their either-way case is sent to the Crown Court for trial and they are found guilty?
"Only in the Crown Court."
36
Where is a defendant sentenced if they plead guilty to an indictable only offence in the Crown Court?
"Only in the Crown Court."
37
Where is a defendant sentenced if they are found guilty of an indictable only offence after a trial in the Crown Court?
"Only in the Crown Court."
38
What is 'committal for sentence'?
"The power of the Magistrates' Court to send a defendant to the Crown Court for sentencing in certain circumstances."
39
Under what section of the Sentencing Act 2020 can a defendant be committed for sentence if the Magistrates' Court deems their sentencing powers insufficient for an either-way offence?
"Section 14 SA 2020."
40
What is the Crown Court's sentencing power when a defendant is committed under Section 14 SA 2020?
"The Crown Court maximum for that offence."
41
Under what section of the Sentencing Act 2020 can a defendant be committed for sentence if they plead guilty to an either-way offence but not guilty to a related indictable offence being sent to the Crown Court for trial?
"Section 18 SA 2020."
42
What is the Crown Court's sentencing power when a defendant is committed under Section 18 SA 2020?
"The Crown Court maximum if the Magistrates' Court indicated they would have committed anyway or if the defendant is convicted of the related indictable offence; otherwise
43
Under what section of the Sentencing Act 2020 can a defendant be committed for sentence if they have already been committed for another indictable offence?
"Section 20 SA 2020."
44
What is the Crown Court's sentencing power when a defendant is committed under Section 20 SA 2020?
"The Magistrates' Court maximum."
45
What is a 'Goodyear indication'?
"A preliminary indication of the likely sentence a defendant would receive if they were to plead guilty
46
When can a defendant ask for a Goodyear indication?
"Before the Plea and Trial Preparation Hearing (PTPH) or at any stage before the jury returns a verdict."
47
What conditions must be met before a defendant can ask for a Goodyear indication?
"Acceptance of prosecution facts or an agreed written basis of plea
48
Is a judge required to give a Goodyear indication?
"No
49
If a judge gives a Goodyear indication, what form can it take?
"Indicating the same sentence regardless of plea/verdict
50
Is a Goodyear indication binding?
"Yes
51
What can a defendant do after receiving a Goodyear indication?
"Enter a guilty plea within the reasonable time and receive no more than the indicated sentence
52
What are the four main steps of a sentencing hearing?
"1. Basis of sentencing. 2. Prosecution submissions. 3. Defence mitigation. 4. Judge passes sentence."
53
What are the three possible scenarios for determining the basis on which a defendant is being sentenced?
"1. Guilty verdict after a not guilty plea. 2. Guilty plea on a 'full facts basis'. 3. Guilty plea with a challenge to the prosecution's facts (on a basis)."
54
What happens if a defendant pleads not guilty and is found guilty after trial?
"The court will either sentence immediately or adjourn for a pre-sentence report."
55
What happens if a defendant pleads guilty on a 'full facts basis'?
"The court will either sentence immediately or adjourn for a pre-sentence report
56
What is it called when a defendant pleads guilty but disagrees with some of the prosecution's facts?
"Pleading guilty 'on a basis'."
57
How should a 'basis of plea' be presented to the court?
"It should be in writing and signed by the defendant
58
What are the prosecution's options when presented with a 'basis of plea'?
"Accept it
59
What is the court's first consideration when reviewing a 'basis of plea'?
"Whether the basis of plea is absurd."
60
If the court finds the 'basis of plea' absurd, on what facts will the defendant be sentenced?
"On the prosecution's version of the facts."
61
If the court doesn't find the 'basis of plea' absurd, what is the next question it considers?
"Whether sentencing on the defence's version would make a material difference to the sentence."
62
If sentencing on the defence's version would NOT make a material difference, on what facts will the defendant be sentenced?
"On the defence's version of the facts."
63
What is a 'Newton hearing'?
"A hearing held when a defendant pleads guilty on a basis that WOULD make a material difference to the sentence
64
Who decides the facts in a Newton hearing in the Magistrates' Court?
"Magistrates or a District Judge."
65
Who decides the facts in a Newton hearing in the Crown Court?
"A Judge alone (without a jury)."
66
What standard of proof does the prosecution have to meet in a Newton hearing to have their version of facts accepted?
"Beyond reasonable doubt."
67
What is a potential consequence for the defendant if the prosecution proves their facts in a Newton hearing?
"A reduction in the credit they receive for their guilty plea."
68
What is the second step in a sentencing hearing after determining the basis?
"The prosecution opens the facts
69
What are some things the prosecution will remind the court of at the sentencing hearing?
"Previous convictions
70
Is it the prosecution's role to suggest a specific sentence to the court?
"No
71
What is the third step in a sentencing hearing?
"Defence counsel presents mitigation on behalf of the defendant."
72
When might the defence ask for a pre-sentence report?
"Usually before the prosecution opens the case
73
When is a court legally required to obtain a pre-sentence report?
"Before passing a custodial or community sentence
74
What type of medical evidence might be presented during mitigation?
"Reports on the defendant's physical or mental health."
75
When MUST the court receive evidence from two medical practitioners regarding a mental disorder?
"If the court is considering a sentence under the Mental Health Act 1983."
76
How can character evidence be presented by the defence?
"Through written testimonials (with prosecution agreement) or
77
What is the defence's general duty at a sentencing hearing?
"To ensure a lawful sentence is passed and to present their client's case honestly and according to instructions."
78
What are the five purposes of sentencing a court must consider?
"1. Punishment of offenders. 2. Reduction of crime (including deterrence). 3. Reform and rehabilitation of offenders. 4. Protection of the public. 5. Making reparation to victims (Section 142(1) CJA 2003)."
79
What two factors must a court consider when determining the seriousness of an offence?
"The offender's culpability and any harm caused
80
What are the three categories used in sentencing guidelines based on culpability and harm?
"1. Greater culpability and greater harm. 2. Greater culpability and lesser harm
81
What is the first step a judge takes when passing sentence?
"Determine which category of the sentencing guidelines applies based on culpability and harm."
82
After determining the category, what does the sentencing guideline provide?
"A category range for the sentence and a starting point within that range."
83
What is the next step after determining the category in sentencing?
"Adjust the starting point up or down based on aggravating and mitigating factors."
84
What are 'offences taken into consideration' (TICs)?
"Additional offences admitted by the defendant that are considered during sentencing for the main offence
85
What are some common mitigating factors?
"Provocation
86
What are some common aggravating factors?
"Offence on bail/licence
87
When must a court consider the issue of 'dangerousness'?
"When the defendant has been convicted of a 'specified' offence listed in Schedule 15 Criminal Justice Act 2003."
88
What is the test for 'dangerousness' according to Section 229 CJA 2003?
"Whether there is a significant risk to members of the public of serious harm occasioned by the commission of further specified offences."
89
Can a court increase a sentence due to the prevalence of an offence?
"Not unless they have evidence from a local Criminal Justice Board or a 'Community Impact Statement'."
90
What is the next step in sentencing after considering aggravating and mitigating factors?
"Reduce the sentence to credit any guilty plea."
91
What is the maximum credit for a guilty plea at the first opportunity?
"Maximum 1/3 reduction."
92
What is the maximum credit for a guilty plea at the Plea and Trial Preparation Hearing (PTPH)?
"Maximum 1/4 reduction."
93
What is the maximum credit for a guilty plea on the day of trial?
"Maximum 1/10 reduction."
94
What is the final step in sentencing for multiple offences?
"Ensure the final
95
When are concurrent sentences usually appropriate?
"When the offences arise out of the same facts."
96
When are consecutive sentences likely to be passed?
"When the offences arise out of different facts."
97
What are some things a court must do when passing sentence?
"Explain the sentence in non-technical language
98
What does it mean to 'defer' a sentence?
"To postpone sentencing for up to six months to allow the defendant to demonstrate a change in behaviour or that the offence was a one-off."
99
What is the maximum period for which a sentence can be deferred by the Magistrates' Court?
"Up to six months."
100
Can the deferral period be extended?
"Generally no
101
What are some examples of non-custodial sentences?
"Bind over
102
Can a 'bind over' be imposed on someone who hasn't pleaded guilty or been tried?
"Yes
103
What does being 'bound over to keep the peace' mean?
"A person promises to 'keep the peace' and may have to pay a sum of money if they don't."
104
What is an 'absolute discharge'?
"The lowest form of sentence
105
When might an absolute discharge be imposed?
"For trivial offences
106
What is a 'conditional discharge'?
"A discharge with a condition that the offender doesn't commit another offence within a set period (up to three years)."
107
What happens if someone on a conditional discharge commits another offence?
"They can be re-sentenced for the original offence and sentenced for the new offence."
108
Can both Magistrates' and Crown Courts impose absolute and conditional discharges?
"Yes."
109
Can both Magistrates' and Crown Courts impose fines?
"Yes."
110
Is there a limit to the amount of a fine in the Crown Court?
"No
111
What is the standard scale for fines in the Magistrates' Court?
"Level 1 (£200) to Level 5 (unlimited)."
112
What is a fine?
"A financial penalty requiring the offender to pay a sum of money to the court."
113
Can a fine be combined with other sentences?
"Yes
114
What is the most common type of sentence given by courts?
"Fines (mainly for lower-level crimes)."
115
What might a court do before imposing a fine?
"Ask the defendant about their financial means."
116
What can happen if someone doesn't pay their fine?
"They can be brought back to court and
117
What is a 'Community Order'?
"A sentence requiring the offender to complete one or more activities in the community for punishment and/or rehabilitation."
118
Is there a seriousness threshold for imposing a Community Order?
"Yes
119
What are some requirements for a Community Order?
"The offender must be over 18 and the offence punishable with imprisonment. At least one requirement must be imposed (Section 201 & Sch 9 SA 2020)."
120
What is the maximum length of a Community Order?
"Three years."
121
What are some examples of requirements that can be part of a Community Order?
"Unpaid work
122
What is the maximum number of unpaid work hours in a Community Order?
"300 hours
123
What is a 'Rehabilitation Activity Requirement'?
"Attending appointments or participating in activities as directed by the Probation Service."
124
What is a 'Programme Requirement'?
"Participating in an accredited programme like anger management."
125
What is a 'Prohibited Activity Requirement'?
"Not doing a specific thing
126
What is a 'Curfew Requirement'?
"Staying at a specific place during specified times (2-16 hours a day
127
What is an 'Exclusion Requirement'?
"Not entering a specific area or keeping away from a person (max 2 years)."
128
What is a 'Residence Requirement'?
"Living at a particular address."
129
What is a 'Foreign Travel Prohibition Requirement'?
"Not travelling to specific countries (max 12 months)."
130
What is a 'Mental Health Treatment Requirement'?
"Undergoing mental health treatment."
131
What is a 'Drug Rehabilitation Requirement'?
"Submitting to drug treatment and testing."
132
What is an 'Alcohol Treatment Requirement'?
"Attending treatment for alcohol dependency."
133
What is an 'Alcohol Abstinence and Monitoring Requirement'?
"Not consuming alcohol or staying below a certain level (max 120 days)."
134
What is an 'Attendance Centre Requirement'?
"Attending a centre for 18-24 year olds for a structured learning environment (12-36 hours)."
135
When is an 'Electronic Monitoring Requirement' usually applied?
"With curfew or exclusion requirements
136
What happens if someone breaches their Community Order without a reasonable excuse?
"They will be warned. If they breach it again
137
What are the possible outcomes if someone is found to have breached their Community Order?
"Amending the order to be more difficult
138
Can the period of a Community Order be extended due to a breach?
"Yes
139
Can a court impose a prison sentence if someone persistently breaches a Community Order?
"Yes
140
Can Magistrates' Courts impose Community Orders?
"Yes."
141
Can Crown Courts impose Community Orders?
"Yes."
142
What is a 'determinate custodial sentence'?
"A prison sentence for a specific length of time (e.g.
143
What must a court consider when sentencing someone to more than one prison sentence?
"Whether the sentences should run concurrently (at the same time) or consecutively (one after the other)."
144
What is the maximum prison sentence the Magistrates' Court can impose for a single summary offence?
"6 months."
145
What is the maximum prison sentence the Magistrates' Court can impose for a single either-way offence?
"6 months."
146
What is the maximum total prison sentence the Magistrates' Court can impose for two or more either-way offences?
"12 months."
147
What is the Crown Court's power to impose prison sentences?
"Unlimited
148
What happens to time a defendant spends in custody before sentencing?
"It is automatically counted towards their final prison sentence."
149
Can time spent on electronically monitored curfew count towards a prison sentence?
"Yes
150
What is a 'suspended sentence of imprisonment'?
"A prison sentence that the defendant doesn't have to serve immediately
151
What is the range of suspended sentences the Magistrates' Court can impose?
"Between 14 days and 6 months."
152
What is the range of suspended sentences the Crown Court can impose?
"Between 14 days and 2 years."
153
What are the three parts of a suspended sentence?
"The custodial term
154
What is the length of the 'operational period' for a suspended sentence?
"Between six months and two years."
155
Can a court attach other requirements to a suspended sentence?
"Yes
156
What happens if someone breaches a suspended sentence?
"The court can activate the prison sentence
157
What are the minimum sentences for a third Class A drug trafficking offence and a third domestic burglary?
"Seven years for drug trafficking and three years for burglary
158
Which court can impose the minimum sentence for a third Class A drug trafficking offence?
"Only the Crown Court."
159
What is required for the minimum sentence for a third Class A drug trafficking offence to apply?
"Three separate Class A drug trafficking offences with convictions occurring in a specific chronological order."
160
Which court usually deals with a third domestic burglary that could attract the minimum sentence?
"The Crown Court (as the Magistrates' Court can't impose a three-year sentence)."
161
What kind of burglaries count towards the minimum sentence?
"Only domestic burglaries (burglaries of dwellings)."
162
What is an 'Extended Determinate Sentence' (EDS)?
"A custodial sentence for dangerous offenders convicted of specific violent
163
What part of the sentence is extended in an EDS?
"The licence period after release from prison."
164
What is the minimum extension period for an EDS?
"At least 1 year."
165
What is the maximum extension period for an EDS for violent offences?
"5 years."
166
What is the maximum extension period for an EDS for sexual or terrorism offences?
"8 years."
167
What is the sentence for murder in the UK?
"A mandatory life sentence."
168
Does the court have any choice in the sentence for murder?
"No
169
What happens when someone is sentenced to a mandatory life sentence for murder?
"The court sets a minimum term they must serve before being eligible to apply for parole. If released
170
What is a 'whole life order'?
"A type of life sentence for the most serious murder cases where the offender will never be released from prison."
171
Are there other offences that carry a life sentence?
"Yes
172
Can the Magistrates' Court impose a suspended sentence?
"Yes
173
Can the Magistrates' Court impose a determinate custodial sentence?
"Yes
174
Can the Magistrates' Court impose the mandatory minimum sentence for a third domestic burglary or Class A drugs offence?
"No."
175
Can the Magistrates' Court impose a mandatory life sentence for murder?
"No."
176
Can the Magistrates' Court impose a life sentence under the Sentencing Act 2020?
"No."
177
Can the Magistrates' Court impose an Extended Determinate Sentence (EDS)?
"No."
178
Can the Crown Court impose a suspended sentence?
"Yes
179
Can the Crown Court impose a determinate custodial sentence?
"Yes
180
Can the Crown Court impose the mandatory minimum sentence for a third domestic burglary or Class A drugs offence?
"Yes."
181
Can the Crown Court impose a mandatory life sentence for murder?
"Yes."
182
Can the Crown Court impose a life sentence under the Sentencing Act 2020?
"Yes."
183
Can the Crown Court impose an Extended Determinate Sentence (EDS)?
"Yes."
184
What are ancillary orders?
"Orders a court can make in addition to or instead of a sentence."
185
What are some examples of ancillary orders?
"Prosecution costs order
186
What is a 'prosecution costs order'?
"An order for the defendant to pay a 'just and reasonable' amount towards the costs the prosecution incurred."
187
Which courts can impose a prosecution costs order?
"Both Magistrates' Court and Crown Court."
188
When can a prosecution costs order be imposed?
"When a defendant is found guilty of any offence."
189
What can happen if a defendant doesn't pay a prosecution costs order?
"They could be sent to prison
190
What is a 'compensation order'?
"An order for the defendant to pay money to someone who has suffered harm or loss because of the crime."
191
Which courts can impose a compensation order?
"Both Magistrates' Court and Crown Court."
192
When must a court make a compensation order?
"When they are allowed to
193
When can a compensation order be imposed?
"When a defendant is found guilty of any offence. It can be alongside or instead of other sentences. If there's also a fine
194
What can happen if a defendant doesn't pay a compensation order?
"Similar to fines: more time to pay
195
What are 'forfeiture and deprivation orders'?
"Orders that allow the court to take away and destroy property that was connected to the crime."
196
Which courts can impose forfeiture and deprivation orders?
"Both Magistrates' Court and Crown Court."
197
When can forfeiture and deprivation orders be imposed?
"When a defendant is found guilty of any offence."
198
What usually happens to the property in a forfeiture or deprivation order?
"It's usually already with the police
199
What is a 'confiscation order'?
"An order under the Proceeds of Crime Act 2002 for the defendant to pay back the money they made from their criminal activities."
200
Which court can currently impose a confiscation order?
"Only the Crown Court."
201
When can a confiscation order be imposed?
"When someone is found guilty of any offence in the Crown Court. It needs to be dealt with within two years of the conviction."
202
What can happen if a defendant doesn't pay a confiscation order?
"They can be sent to prison
203
Are Magistrates' Courts able to impose confiscation orders?
"Not yet
204
What is a 'surcharge'?
"An additional payment that Magistrates' Courts and the Crown Court are usually required to impose when sentencing someone."
205
What happens after a guilty plea or a guilty verdict in a criminal trial?
"The defendant must be sentenced by the court."
206
What is the main piece of legislation that brings together sentencing law in the UK?
"The Sentencing Act 2020 (SA 2020)
207
Besides the Sentencing Code, what else do courts use when deciding on a sentence?
"Sentencing guidelines published by the Sentencing Council."
208
What are the two main categories of sentences?
"Custodial (involving prison) and non-custodial (not involving prison)."
209
According to Section 57 of the SA 2020, what are the five purposes of sentencing for adults?
"Punishment
210
Are all the purposes of sentencing given the same importance?
"Yes
211
What is the first thing a court does when deciding on a sentence?
"Assess the seriousness of the case
212
When does sentencing usually happen?
"Once a defendant has been convicted
213
What are the three main courts that have the power to sentence?
"Magistrates' Court
214
What's important to understand about sentencing powers?
"The difference between the maximum sentence for a specific crime and the maximum sentence that a particular court can impose."
215
What happens if the Magistrates' Court thinks a case needs a longer sentence than they can give?
"They can commit the defendant to the Crown Court for sentencing under Section 14 of the SA 2020."
216
What is the maximum prison sentence the Magistrates' Court can usually impose for one 'either-way' offence?
"12 months."
217
If a defendant pleads guilty to a 'summary only' offence in the Magistrates' Court, where will they be sentenced?
"Only in the Magistrates' Court."
218
If a defendant is found guilty of a 'summary only' offence after a trial in the Magistrates' Court, where will they be sentenced?
"Only in the Magistrates' Court."
219
If a defendant pleads guilty to an 'either-way' offence in the Magistrates' Court, where could they be sentenced?
"In the Magistrates' Court or the Crown Court."
220
If a defendant pleads guilty to an 'either-way' offence in the Crown Court, where will they be sentenced?
"Only in the Crown Court."
221
If a defendant pleads not guilty to an 'either-way' offence in the Magistrates' Court and the trial stays there, where could they be sentenced if found guilty?
"In the Magistrates' Court or the Crown Court."
222
If a defendant pleads not guilty to an 'either-way' offence in the Magistrates' Court and the case goes to the Crown Court for trial, where will they be sentenced if found guilty?
"Only in the Crown Court."
223
If a defendant pleads guilty to an 'indictable only' offence in the Crown Court, where will they be sentenced?
"Only in the Crown Court."
224
Where will a defendant always be sentenced for an 'indictable only' offence?
"In the Crown Court."
225
What happens if a defendant pleads guilty but disagrees with some of the prosecution's facts?
"They enter a guilty plea 'on a written basis'
226
What happens if the prosecution doesn't accept the defendant's 'basis of plea'?
"The judge will consider if the basis is absurd. If it is
227
What is a 'Newton Hearing'?
"A hearing held if the defendant pleads guilty on a basis that would significantly change the sentence
228
Who decides the facts in a Newton Hearing?
"A judge (or magistrates in the Magistrates' Court) after hearing evidence from both sides."
229
What is the standard of proof in a Newton Hearing?
"The prosecution must prove their version of the facts 'beyond reasonable doubt'."
230
What is 'totality' in sentencing?
"When sentencing for more than one offence
231
What is 'deferring sentence'?
"Postponing the sentence for up to six months to see if the defendant can show they've changed or that the crime was a one-off
232
What is an 'indication of sentence' in the Magistrates' Court?
"For 'either-way' offences
233
What is a 'Goodyear indication' in the Crown Court?
"The defendant can ask the judge for an idea of the sentence they'd get if they plead guilty
234
What are some of the key things to remember about sentencing?
"The purposes of sentencing
