sentencing act 2020.

Question 1

what is the purpose of sentencing.
s.57 sentencing act.

Answer 1

punishment
reduction by deterrent.
justice for the victim
protection of the public.
reparation
reform and rehabilitation.

Question 2

what is the crown courts sentencing power.

Answer 2

they are able to fine as much as they want within sentencing guidelines and unlimited common law sentence.

Question 3

what is the magistrates court powers.

Answer 3

they have a maximum of 6 months sentencing power for one crime but two or more is 12 months and they are limited in their fines.

Question 4

assessing the seriousness culpability and harm of offences. s.63 sa 2020

Answer 4

I- harm caused
ii- harm could have potentially caused
iii- was intended to cause.

Question 5

assessing offences seriousness statutory aggravating factors.

Answer 5

offences whilst on bail s.64
previous c convictions s.65

can also be the nature of the offence or the time that has passed between relevant previous convictions.

Question 6

what factors include hostility s.66 sa 2020.

Answer 6

disability
transgender identity
religious identity
sexual orientation
racial hostility.

does not apply if the offence itself was related to racial or religious factors.

Question 7

what are some alternative aggravating factors.
s.67-72 sentencing act.

Answer 7

assaults on emergancy workers

using minors to hide weapons

controlled drugs near school distribution

terrorist connections.

supply of psychoactive substances in certain circumstances.

Question 8

reduction in sentence for guilty plea.

Answer 8

1/3 of sentence earliest opportunity

1/4 at first stage of proceedings

1/10th first day of trial door of the trial.

Question 9

factors with higher culpability

Answer 9

planning the offence
in a group of gang
professional offending
offending for financial Gail
high profit
offending on bail
failure to correspond to warnings.
abust of trust
pre cons
targeting vulnerable or minorities.
violence of damage.

Question 10

higher harm.

Answer 10

multiple victims
effect on the victim
property value to victim vulnerability to the victim.
psychological or physical effect on the victim.

Question 11

factors of lower seriousness.

Answer 11

mental disability or condition
minor role in the offence
financial need and not greed.
exceptional degree of provocation.

Question 12

factors of lower harm.

Answer 12

low property value
impact of victim
victim of violence pre cons for violence.

Question 13

what type of sentences are available.

Answer 13

imprisonment
fines
community orders
compensation orders
discharges
ancillary matters.

Question 14

ancillary orders.

Answer 14

imposed in addition to the main sentence.
restraining orders
confiscation
driver disqualification
sex offenders list.
criminal behaviour orders

Question 15

imposing custodial prison sentence. s.230 sa 2020.

Answer 15

if a fine and community order is not good enough then prison is the last resort.
included suspended prison sentences.

above test is satisfied even shortest time commensurate with the seriousness of the offence s.231(2) sa 2020

Question 16

life sentence.

Answer 16

these are for offences like murder there is a mandatory life sentence on murder
when the court pass a life sentence there needs to be a minimum sentence to serve unless there is a whole life order (s.321 sa 2020) made.

Question 17

release on license. s.244 cha 2003.

Answer 17

if sentences more than 12 months custody a fixed term half can be served in prison and half outside of the prison.

eg those with a 7 year stay on sexual offences must serve a minimum of 2/3 years of sentence.
special arrangements for those with terrorist connections.

Question 18

pick and mix community orders.

Answer 18

Unpaid work 40-300 hours
Activity up to 60 days
Prohibited activity.
Curfew and tag 2-12 hours a day up to 6 months. Gps tags.
Mental health treatment
Residence
Drug rehabilitating.
Supervision
Attendance centre u25
Exclusion from certain areas.

Question 19

fines.

Answer 19

most common form of punishment
crown court unlimited
magistrates subject to max limits.
rich pay more fines.
can be instalments of deducted from earning.
can be imposed in addition to sentence.

Question 20

compensation.

Answer 20

Payable for any personal injury loss of damage suffered by victim.
Court must consider making compensation order where it has the power to do so.
Court must give reasons if compensation is not ordered.

Question 21

absolute discharge.

Answer 21

conviction is enough and no further punishment is needed.

Question 22

conditional discharge.

Answer 22

subject to a requirement not to offence for a specified period mot more than 3 years.
Can be resentenced in convicted of another offence in a specified period

Question 23

costs.

Answer 23

If convicted the defendant may have to pay some or all of the prosecution legal costs even if in receipt of legal aid

Means tested defendants do not usually have to pay defence costs.

An acquitted defendant may have their costs paid out of central funds or by the prosecution.

The court must take into account the accused’s ability to pay.

Can pay in instalments if unable to pay in one payment.

Question 24

prosecutors role in sentencing.

Answer 24

outline
aggravating or mitigating factors

victim personal statements

impact on community.

consult any statutory provisions.
try to prove that the defendant did what they are accused of.

effect on the community.

matters relating to ancillary orders

challenge any assertions made by the defence.

Question 25

defence role in sentencing.

Answer 25

will provide defended for defendant.
try to get client as little as possible time in prison if there is a custodial sentence.

was defendant remorseful ect
character witnesses.

extent of involvement could injury have been worse.

can mitigate about the defenders personal situation eg housing and education matters. not attacked for any prejudicial reasons ect…..

Question 26

admitting guilt on a different basis to prosecution.

Answer 26

the court are able to accept the new terms of guilt.

or they can proceed with the terms that the defence put forward.

there will be a Newton hearing to determine how proceedings will go. Newton hearing apply to both courts.

court sentence on preferred version.

Question 27

pre sentence report. s.31(1)

Answer 27

report by an appropriate officer assisting in finding an appropriate methods of dealing with the offender.
inform of matters prescribed by the secretary of state.

includes things like their education family and housing situation

did the offender have any remorse.

what is the likelihood that the offender will reoffend.

Question 28

r v perks 2001.

Answer 28

Don’t make assumption about victim impact.

Court should take into account a particularly damaging or distressing effect upon a victim.

All relevant victim impact material should be served on defence prior to sentence.

do not take into account what victim thinks to be an appropriate punishment.