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Criminal Litigation > Sentencing > Flashcards

Sentencing Flashcards

1
Q

What are the longest sentences available to the Magistrates Court?

A

6 months for one offence; 12 months for two either way offences

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2
Q

What is the largest fine available to the Magistrates Court?

A

£5,000

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3
Q

When will a youth be sent for trial in the Crown Court?

A
  1. If he is sent with an adult
  2. If the offence is punishable with 14 years imprisonment or more
  3. If the offence is specified in s91 PCCSA
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4
Q

When must Magistrates obtain pre sentence reports for adults?

A

If they are considering a custodial sentence

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5
Q

When do Magistrates not need to obtain pre sentence reports for adults?

A

If it would be unnecessary

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6
Q

When do Courts need to obtain pre sentence reports for young offenders?

A

If they are considering a custodial sentence

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7
Q

When do Courts not need to obtain pre sentence reports for young offenders?

A

If they already have a pre sentence report

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8
Q

Explain the 5 step procedure for sentencing hearings (6 points)

A
  1. The prosecution will OPEN
  2. The prosecution will provide the court with a copy of D’s ANTECEDENTS
  3. The Prosecution will apply for the COSTS
  4. The Defendant will be able to MITIGATE
  5. The Magistrates/Judge will pass SENTENCE after RETIRING
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9
Q

How will a Defendant plead guilty if they disagree with the Prosecution case?

A

By entering a written basis of plea

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10
Q

If the Defendant pleads guilty via a written basis of plea midway through the trial what are the Judge’s 4 options?

A
  1. Have the jury continue and decide the facts of the case.
  2. Accept the Defendant’s version
  3. Hold a Newton hearing with the judge as the tribunal of fact
  4. Accept the Prosecution’s case if the written basis of plea is “manifestly absurd or incredible”
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11
Q

There is no need to hold a Newton hearing when the dispute is immaterial to sentence or is insignificant. True or false?

A

True

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12
Q

Write 6 facts about indications of sentence:

A
  1. At any time the accused can request an indication of sentence (a Goodyear indication)
  2. The Judge is never obliged to give an indication of sentence
  3. An lenient sentence may be appealed to the Court of Appeal by the A-G
  4. If the Judge gives an indication, she will be bound by it
  5. It is inappropriate to ask for a Goodyear indication if there is a material difference between the Prosecution and the Defence as to the facts on which a guilty plea might be entered
  6. A Goodyear indication ceases to have an effect after a reasonable period
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13
Q

What are the 6 roles of Prosecuting counsel at sentence

A
  1. Open the facts
  2. Outline aggravating or mitigating factors
  3. State any statutory provisions relevant to the offender
  4. Draw the Courts attention to the relevant sentencing guidelines or case law
  5. Put forward views of victim, where relevant
  6. Make appropriate applications for costs
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14
Q

What are the 5 objects of sentencing (142 CJA 2003)

A
  1. Punishing offenders
  2. Reduce crime by deterrence
  3. Reform and rehabilitate offenders
  4. Protect the pubic
  5. Provide reparation
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15
Q

What is seriousness?

A

Harm + culpability

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16
Q

What are six considerations when determining sentence?

A
  1. Consider sentencing guidelines for starting point
  2. Move up or down starting point with regards to aggravating or mitigating factors
  3. Reduction for an early guilty plea
    4 Consider dangerousness
  4. Consider totality
  5. Consider ancillary orders
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17
Q

What is the rule on the Defence recovering their costs in the Crown Court?

A

An acquitted (or otherwise successful) Crown Court defendant who has paid for legal services may recover their legal costs, limited to the amount that would be payable under specified legal aid rate.

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18
Q

What is the rule on the Defence recovering their costs in the Magistrates Court?

A

Non-legally aided privately paying clients in the magistrates’ court will be entitled to recover their legal costs under a Defendant’s Costs Order if they are acquitted, but the amount will be limited to the amount that would be payable under specified legal aid rates.

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19
Q

What is the rule on costs where a Defendant is convicted?

A

A defendant may be ordered to pay some or all of the prosecution’s costs.

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20
Q

What will the Court take into account before making a defendant’s costs order?

A

The means of the Defendant and whether it is reasonable to order her to pay

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21
Q

An offender aged over 21 who is convicted of murder must be sentenced to what?

A

Imprisonment for life

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22
Q

What are the four conditions for a person to be sentenced to imprisonment for life under s225 (dangerous offences)?

A
  1. Convicted of a serious offence
  2. The offence is punishable with imprisonment for life
  3. The Court believes that the offender is “dangerous” and there is a risk that he will commit further specified offences
  4. The Court considers that the seriousness of the offence is such as to justify a sentence of life imprisonment
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23
Q

What is the definition of dangerous?

A

The Court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences

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24
Q

What are the 4 conditions for a mandatory life sentence for a “second listed offence” under s224A?

A
  1. A person aged over 18 is convicted of a specified serious offence (in Schedule 15)
  2. The Court would otherwise have imposed a sentence of imprisonment for 10 years for that offence
  3. At the time the present offence was committed the offender had been convicted of an offence under Schedule 15
  4. The previous offence carried a sentence of 10 years or life
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25
Q

When will the Court disapply the mandatory life sentence under s224A?

A

Where it is of the opinion that there are particular circumstances which relate to the offence, or the previous offence, or the offender, which would make the sentence unjust in all the circumstances

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26
Q

When will an offender be liable for an extended sentence under s226A CJA 2003?

A
  1. Where they are over 18 and commit a specified offence
  2. Where the Court considers they are dangerous
    Either
    3A. At the time the offence was committed the offender had previously been committed of a serious specified offence
    OR
    3B. If the Court were to impose an extended sentence the custodial time would be at least 4 years
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27
Q

Which is correct?

[A] The Court may sentence the offender to an extended sentence under s226A if the conditions are met
[B] The Court must sentence the offender to an extended sentence under s226A if the conditions are met

A

[A]

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28
Q

If a person is given a sentence of 12 months or more, how long must they serve in prison?

A

Half

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29
Q

If a person is a dangerous offender, how much of their sentence will they serve?

A

Two thirds

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30
Q

Where an offender is sentenced to an extended sentence of over 10 years, how much of their sentence must they serve?

A

The automatic release section does not apply. The Parole Board will make a recommendation.

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31
Q

When will the Court impose a mandatory minimum for a firearms offence. How long will the sentence be?

A

The Court will impose a 5 year sentence for an adult or a 3 year sentence for a youth found guilty of committing a specified firearms offence even if it is their first offence.

32
Q

When can the Court disapply the mandatory minimum sentence for a firearms offence?

A

In exceptional circumstances

33
Q

What are the conditions for a mandatory minimum for a burglary offence?

A
  1. The offender has committed two separate previous burglaries.
  2. The burglaries were domestic
  3. The offender is over 18
34
Q

What are the conditions for a mandatory minimum for a drugs trafficking offence?

A
  1. The offender has committed two previous seperate Class A drugs trafficking offences
  2. The defendant was over 18
35
Q

When will the Court disapply the mandatory minimums for drug trafficking offences and burglary offences?

A

Of the opinion that particular circumstances relating to the offence make it unjust

36
Q

What is an extended sentence?

A

An extended sentence is comprised of:

  1. The appropriate custodial sentence
  2. A further period for which the offender is to be subject to license
37
Q

What is the maximum for a license period for an extended sentence for a violent offence?

A

5 years

38
Q

What is the maximum for a license period for an extended sentence for a sexual offence?

A

8 years

39
Q

What is the limit on custodial sentences created by s153 CJA 2003?

A

Any custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

40
Q

What are the four stages in a POCA enquiry?

A
  1. Does the offender have a “criminal lifestyle”
  2. How much has the offender benefited from a “criminal lifestyle” (the recoverable amount)
  3. Decide the “available amount” [offender’s assets]
  4. Subtract recoverable amount from available amount
41
Q

What are the two circumstances where an offender may have costs awarded him?

A
  1. Unsuccessful appeal

2. Convicted

42
Q

What are the duties of the prosecution in prosecution costs?

A
  1. Apply for costs

2. Serve details of costs on defence

43
Q

How should the Court assess prosecution costs?

A
  1. Prosecution costs must not exceed the sum actually incurred
  2. Costs must be reasonable and fair
  3. Costs must be proportionate
44
Q

If a defendant defaults on costs, fine, or compensation, which can he be imprisoned for?

A

The costs and the fine.

45
Q

Where an offence has caused any loss, damage or personal injury what MUST the Court do?

A

Consider making a compensation order and give reasons why not if it decides not to.

46
Q

If the Court makes a compensation order and a fine - which has priority?

A

The compensation order

47
Q

What are the three ways that a defendant can have a criminal lifestyle?

A
  1. The offence of which the offender has been convicted in Schedule 2
    .2. The offence constitutes conduct forming part of a course of criminal activity in the last six years
  2. The present offence was committed over a period of at least six months and the offender has benefited from it.
48
Q

What matters for the purposes of sentences for life - date of conviction or date of sentence?

A

Date of conviction

49
Q

Can people under 21 be sentenced to a whole life term for murder?

A

No

50
Q

When a person is sentenced to life for murder, what can they appeal?

A

The tariff, but not the sentence

51
Q

What happens after someone serves the minimum term for murder?

A

The parole board will consider their release. They will be on license for life.

52
Q

What is the maximum reduction from the 3 year domestic burglary that a Court can give?

A

80%

53
Q

What is the prosecution’s role at sentence (5)?

A
  1. Set out sentencing guidelines/authorities
  2. Refer to any mandatory sentences
  3. Make sure Court has previous sentences.
  4. Victim personal statement
  5. Apply for any costs
54
Q

What are 6 things to remember about a Goodyear indication of sentence?

A
  1. The Defence must apply for an indication of sentence in signed endorsed writing
  2. The application must be in signed writing by the Defendant
  3. . The Judge isn’t obligated to give an indication of sentence.
  4. If the judge gives an indication of sentence, he and other judges will be bound by it.
  5. Any lenient sentence may be appealed by the A-G
  6. The hearing will only be binding it if is accepted within a reasonable time
  7. The key case is Goodyear
55
Q

What is the procedure of a Newton hearing?

A

The Defendant will enter a written basis of plea.
The Judge can decide whether to accept it
If the difference between the written basis of plea and the prosecution case is substantial, the Judge may order a Newton Hearing
Witnesses may be called
Evidence may be called
The prosecution must prove it’s version beyond reasonable doubt and disprove the defendant’s version beyond reasonable doubt.
The Judge may make a finding of fact
The Judge may sentence on that finding of fact
Any early discount for a guilty plea may be lost if the Defendant has failed to succeed in a Newton hearing

56
Q

Who prepare pre sentence reports for adults.

A

Probation officers prepare pre sentence reports for adults.

57
Q

What is a concurrent sentence?

A

Sentences run all at the same time

58
Q

Will failure to surrender and perverting the course of justice sentences run consecutively or concurrently?

A

Consecutive

59
Q

When will sentences run consecutively?

A

If the offences were not related or were separate

60
Q

What is the totality principle?

A

The totality of the sentencing for different offences should be commensurate with the seriousness of the offending

61
Q

When will the Court make a deprivation order?

A

In respect of any property which was used for the purpose of committing the commission of any offence or was intended to be so used.

62
Q

When will a person be registered as a sex offender?

A

If they have committed a specified sex offence

63
Q

What must a registered sex offender do?

A

Update the police regularly with personal details

64
Q

When must registered sex offenders give this information?

A

Periodically or when any circumstances change

65
Q

What is a bind over?

A

A promise by the offender to pay a sum of money in the event of misbehaving during the period specified by the Court. The Court must fix the period that the bindover is to last for and must fix the amount to be forfeited if a person breaches the order.

66
Q

What is the maximum suspended sentence?

A

A custodial term of two years in the Crown Court or 12 months in the Magistrates Court

67
Q

What is the “operational period” of a suspended sentence?

A

The time for which the sentence is suspended.

68
Q

What is the “supervision period”

A

The time for which the offender will have to comply with requirements

69
Q

If an offender breaks the suspended sentence requirements, what will happen?

A
  1. The responsible officer may give a warning or bring breach proceedings
  2. After the second breach the officer must bring breach proceedings
  3. If the offender is brought to Court because he has failed to comply with any provision of the suspended sentence the Court may order the suspended sentence to take effect either in whole or in part.
70
Q

Where do people who are aged 18, 19 or 20 get sent to prison?

A

A young offenders institution

71
Q

Name 10 types of community order

A
  1. An unpaid work requirement
  2. An activity requirement
  3. A programme requirement
  4. A prohibited actibity requirement
  5. A curfew requirement
  6. An exclusion requirement
  7. A residence requirement
  8. A foreign travel requirement
  9. A drug rehabilitation requirement
  10. An alcohol treatment requirement
72
Q

What is the community threshold?

A

A Court must not pass a community sentence on an offender unless it is of the opinion that the offence or the combination of the offence and one or more offences associated with it was serious enough to warrant such a sentence

73
Q

What happens if an offender is sentenced after already serving time in custody?

A

The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.

74
Q

Where an offender breaks a community sentence for the first time, what will the a responsible officer do?

A
  1. Issue a warning

2. Serve information in Magistrates

75
Q

Where an offender breaks a community sentence after a warning, what must a responsible officer do?

A

Cause an information to be laid before a justice of the peace in respect of the failure in question

76
Q

What are the three ways in which Magistrates Courts can deal with offenders who break community sentences?

A
  1. Amend the terms of the order
  2. Deal with the offender in any way in which the Court could deal with him if he had just been convicted
  3. Where an offender has “wilfully and persistently failed to comply” and is over 18, impose a sentence of imprisonment for not over 6 months.

Criminal Litigation (20 decks)

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