Sentencing a convicted person

Question 1

Sentencing Act 2020 S.57 - sets the purposes for sentencing adults.

These are:

Answer 1

1. punish offender
2. reduce crime
3. reform and rehabilitation
4. protect public

Question 2

(Assessing offence Seriousness)
- Culpability and harm
Explain

Answer 2

Court must consider
1. offenders culpability for committing offence
2. any harm which the offence
a. caused
b. intended to cause
c. might foreseeably caused

Question 3

(Assessing offence Seriousness)
-Statutory aggravating behaviours
Explain

Answer 3

These factors are:
1. convictions whilst on bail
2. previous convictions - applicable
these must be considered in relation to the current offence

Question 4

what must be passed for a custodial prison sentence

Answer 4

Custody Threshold Test

Question 5

what is release on license

Answer 5

Where if sentence is longer than 12 months, half of the term can be spent in prison and the other on license

Question 6

what is Community orders

Answer 6

community service
maximum duration 3 years

Question 7

Explain Fines

Answer 7

can be imposed as to other sentences

Question 8

Compensation

Answer 8

for victims injuries

Question 9

What happens after conviction

Answer 9

Courts have power to Adjourn - may remand bail

Question 10

Pre Sentence Report

Answer 10

1. made by an officer with a view to assisting the court in determining most suitable way to deal with offender
2. contains info such as … D’s background, serious of offence and risk to public

Question 11

Using Pre Sentence report

Answer 11

1. Court must obtain before forming opinion
2. required before deciding if custody is justified
3. required before deciding if community order to justifed

Question 12

Victim Impact Statement (R v Perks)

Answer 12

1. Court may consider
2. only used to judge impact of victim

Question 13

Prosecutors role in sentencing 11.1 Code

Answer 13

draws attention to mitigating factors, victims statements and sentencing guidelines which may assist

Question 14

Prosecutors role in sentencing 11.2 Code

Answer 14

should challenge any assertion made that is inaccurate, misleading or derogatory

Question 15

sentencing hearing

Answer 15

1. prosecution outline offence and previous convictions
2. defence delivers plea in mitigation
3. consider offence itself, D’s circumstances, consider witness