Sentencing MCQ Flashcards
Which of the following is NOT a main purpose of sentencing according to s 57 Sentencing Act 2020?
A. Reduction of crime.
B. Making of reparation by the offender.
C. Punishment of offenders.
D. Rehabilitation of offenders.
E. Protection of the police.
E. Protection of the police.
It is not protection of the police but protection of the public to which s 57 Sentencing Act 2020 refers.
If a defendant proposes a basis of plea and the court considers the Defendant’s basis of plea and decides that the basis of plea is absurd. What happens next?
A. The court must hold a Newton hearing.
B. The court proceeds to sentence the defendant on the defence version of the facts.
C. The court proceeds to sentence the defendant on the prosecution version on the facts.
C. The court proceeds to sentence the defendant on the prosecution version on the facts.
If the court do not deem it absurd, they move on to consider whether it will make a material difference to sentence if the court sentences on the defence version instead of the prosecution version of the facts.
A defendant pleads not guilty to an either-way offence in the magistrates’ court and the matter stays in the magistrates’ court for trial. At trial the defendant is found guilty. Can the defendant be sentenced in the Crown Court?
A. Yes, the defendant must be sentenced by the Crown Court.
B. No, the defendant can’t be sent to the Crown Court for sentence .
C. Yes, if the magistrates’ commit the defendant for sentence .
C. Yes, if the magistrates’ commit the defendant for sentence .
In this situation the defendant can be sentenced in the magistrates’ court but the magistrates’ may commit the defendant to the Crown Court for sentencing.
What is the maximum reduction for a guilty plea entered in respect of an either way offence at the plea and trial preparation hearing?
A. Maximum 1/4
B. Maximum 1/3
C. Maximum 1/10
A. Maximum 1/4
However, it is perfectly acceptable for the court to give less credit should it think it appropriate.
A defendant is to be sentenced for an offence of fraud. In this situation a previous conviction for fraud would…
A. Be irrelevant.
B. Increase their culpability.
C. Be a statutory aggravating factor.
C. Be a statutory aggravating factor.
Previous convictions are not considered when considering culpability in relation to the offence, they are an aggravating factor.
Which of the following most accurately reflects the custody threshold?
A. The court must pass a custodial sentence if the offence was so serious that neither a fine nor a community sentence can be justified.
B. The court must pass a custodial sentence if the offence was so serious that custody can be justified.
C. The court must not pass a custodial sentence unless the offence was so serious that neither a fine nor a community sentence can be justified.
C. The court must not pass a custodial sentence unless the offence was so serious that neither a fine nor a community sentence can be justified.
This most accurately reflects the negatively phrased wording in s 230 SA 2020.
What is the maximum length of any community order?
A. Three years.
B. 12 months.
C. 6 months.
D. Two years .
A. Three years.
As an order can only be three years long, the requirements need to be possible to complete within that timescale.
An offender is brought before the magistrates’ court for an alleged breach of their community order imposed for a non-imprisonable offence. If the offender admits the breach which of the following is NOT an option as to how the court can deal with them?
A. Revoking the Community Order and re-sentencing the offender to anything that the court could have sentenced D to originally.
B. Amending the order to make it more onerous.
C. Revoking the order and re-sentencing the offender to up to 6 months.
D. Fining the offender up to £5000.
D. Fining the offender up to £5000.
The maximum fine is £2,500. The court can also deal with the offender by amending the order or revoking the order and re-sentencing the offender to anything that the court could have sentenced the offender to originally. The court has the power to impose a custodial sentence for a non-imprisonable offence (of upto 6 months) only if the offender willfully and persistently breached the requirements of the community order
Which of the following most accurately reflects the threshold for imposing a community order?
A. The court must make a community order if the offence or combination of the offence and one or more offences associated with it is enough to warrant it.
B. The court must not make a community order unless it is of the opinion that the offence, or combination of the offence and one or more offences associated with it was serious enough to warrant the making of such an order.
C. The court must make a community order if the offence or combination of the offence and one or more offences associated with it is enough to justify it.
B. The court must not make a community order unless it is of the opinion that the offence, or combination of the offence and one or more offences associated with it was serious enough to warrant the making of such an order.
This most accurately reflects the negatively phrased wording in s 204 SA 2020.
Which of the following best describes the maximum length of a suspended sentence in the Crown Court?
A. The maximum length of a suspended sentence in the Crown Court is one of 1 years custody, suspended for an operational period of 2 years.
B. The maximum length of a suspended sentence in the Crown Court is one of 1 years custody, suspended for an operational period of 1 year.
C. The maximum length of a suspended sentence in the Crown Court is one of 2 years custody, suspended for an operational period of 1 year.
D. The maximum length of a suspended sentence in the Crown Court is unlimited, and can be suspended for an operational period of 2 years.
E. The maximum length of a suspended sentence in the Crown Court is one of 2 years custody, suspended for an operational period of 2 years.
E. The maximum length of a suspended sentence in the Crown Court is one of 2 years custody, suspended for an operational period of 2 years.
The custodial term is how long a prison sentence the offender would have received but for it being suspended. The operational period is how long the custodial term is suspended for. This must be between six months and two years.
If a defendant is sentenced today to an extended determinate sentence comprising 6 years custody and 3 years extended licence, which of the following is correct?
A. The defendant may be released from when they have served 4 years in custody.
B. The defendant must be released when they have served 4 years in custody.
C. The defendant must be released when they have served 4 ½ years in custody.
D. The defendant may be released when they have served 3 years in custody.
A. The defendant may be released from when they have served 4 years in custody.
a defendant is eligible to apply to the parole board for release at the 2/3 point of their custodial term. They must in any event be released once the custodial term has been served.
In relation to minimum terms, which of the following is a correct statement?
A. The minimum term is three years for a third offence of domestic burglary
B. The minimum term for an offence of murder is life imprisonment.
D. The minimum term is five years’ imprisonment for a third Class A drug offence.
E. The minimum term that can be imposed for a second offence of possessing a weapon is 6 months in a magistrates’ court and 12 months in the Crown Court.
A. The minimum term is three years for a third offence of domestic burglary
The other correct minimum terms here are seven years’ imprisonment for a third Class A drug trafficking offence; six months for a second offence of possessing a weapon.
Your client is charged with a six counts of theft. You speak to your client before the plea before venue and allocation hearing at the magistrates’ court. He intends to plead not guilty and he does not want to elect jury trial in the Crown Court. You explain what will happen in court and he asks what will happen if he is found guilty by the magistrates.
Which of these statements best sets out your client’s situation regarding sentencing if he is found guilty after trial?
A. If he is found guilty he will be sentenced by the magistrates’ court because they have accepted jurisdiction of his case.
B. If he is found guilty of more than one either way offence then the magistrates must send the matter to the Crown Court for sentencing. The Crown Court is not limited and can award any sentence available for those offences.
C. If he is found guilty and the magistrates determine their sentencing powers are insufficient then he will be sent to the Crown Court for sentencing. The Crown Court will have the same sentencing powers as if he had been tried in that court.
D. If he is found guilty he will be sent to the Crown Court for sentence because he has been convicted of an either way offence. The Crown Court will have the option of imposing any sentence available for the offence.
E. If he is found guilty then the magistrates can send the case to the Crown Court for sentencing. The Crown Court will be limited to the sentencing powers available in the magistrates’ court.
C. If he is found guilty and the magistrates determine their sentencing powers are insufficient then he will be sent to the Crown Court for sentencing. The Crown Court will have the same sentencing powers as if he had been tried in that court.
Correct. Even though the magistrates’ court accepted jurisdiction the matter can be remitted to the Crown Court for sentence if having heard the evidence they believe their sentencing powers are insufficient. The Crown Court is not limited and can award any sentence available for those offences.
The other answers while plausible are incorrect:
- He will not definitely be sentenced in the magistrates’ court. The court can send to the Crown Court for sentencing if having heard the case they conclude their powers are not sufficient.
- An either way offence does not necessarily have to be sent to the Crown Court for sentencing
- If a case is sent to the Crown Court for sentencing then the Crown Court is not restricted to the sentencing powers of the magistrates. (Of course this would defeat the object of sending in the first place).
- The number of offences does not dictate that an either way offence must be sent to the Crown Court for sentencing.
Your client has just received a suspended sentence for a series of burglaries in crown court. He receives a custodial sentence of 18 months suspended for two years, and a supervision period of one year. He is is a little bit confused by the sentence, so you speak to him after the sentence hearing. In particular he wants to know what will happen if he commits a further offence.
Which of these best summarises the advice you should give your client?
A. If you commit any offence during the operational period of two years then the court will resentence you for your original offence.
B. If you commit any offence during your supervision period then you will be given a warning by probation, though any subsequent offences will result in the activation of your 18 month custodial sentence.
C. If you commit any offence during the operational period of two years then some of all of your 18 month suspended sentence can be activated.
D. If you commit any offence during the supervision period of one year then some of all of your 18 month suspended sentence will be activated.
E. If you commit any offence during the operation period that it is unlikely that your suspended sentence of 18 months will be activated unless you failed to engage with probation.
C. If you commit any offence during the operational period of two years then some of all of your 18 month suspended sentence can be activated.
Correct. There is an assumption that the suspended sentence will be activated (whole or in part) unless it is unjust to do so.
The other answers whilst plausible are not correct:
- It is not just during the supervision period that a further offence would activate the sentence. Of course, during supervision the client would be expected to work with probation and failure to do so might result in a breach of the suspended sentence.
- The court does not resentence - i.e. look again at the offence - but the sentence is activated instead.
- An offence is unlikely to result in just a warning from probation (whereas a breach of license conditions would). There is an assumption that it would be activated unless unjust to do so.
- It is very likely that a further offence would result in the activation of a suspended sentence.
Your client is sentenced for a series of thefts in the magistrates’ court. He is given a conditional discharge of 12 months on 10th January 2021. 10 months later he commits a further theft offence and is arrested on 12th February 2022. His first hearing at the magistrates’ court is on 13th February 2022.
Which of these statements best explains what will happen with regard to your client’s conditional discharge?
A. The court will sentence your client for the new offence, and will resentence him for a period of 12 months custody.
B. The court will sentence your client for the new offence, but not the original offence a the conditional discharge has expired.
C. The court will sentence your client for the new offence, and activate the suspended sentence of 12 months.
D. The court will sentence your client for the new offence and may resentence him for the original offence.
E. The court will sentence your client for the new offence, and breach of the conditional discharge will be an aggravating factor.
D. The court will sentence your client for the new offence and may resentence him for the original offence.
Correct. The key date is the date of the new offence which falls within the 12 month conditional discharge (it is 10 months from the original sentence). The court may resentence him, but it is not an obligation.
The other answers whilst plausible are not correct:
- The original sentence has not expired as the offence took place after 10 months. Key is the date of the offence, not when the court disposes of the matter.
- A conditional discharge should not be confused with a suspended sentence - it is not activated as such.
- The court ‘may’ re-sentence for the original but they are not bound to or bound to a particular sentence.
- Breach of a conditional discharge might be an aggravating factor, but the court would also consider re-sentencing for the original offence or offences.
