Sentencing MCQs Flashcards
You are representing Simon who is appearing before the Crown Court to be sentenced for an offence of Assault Occasioning Actual Bodily Harm. He pleaded guilty to this offence at his first appearance in the Magistrates’ Court. You concede that the offence falls within category 2 of the relevant sentencing guideline and has a starting point of 26 weeks’ custody. However you wish to persuade the court that the offence falls to the bottom of the category range and that therefore a non-custodial sentence should be imposed.
What should be the focus of your submissions during your plea in mitigation?
You should focus on the aggravating and mitigating factors, beyond those used to decide the offence category.
You should focus on the factors which indicate whether the dangerousness provisions apply.
You should focus on the factors listed in the guideline indicating higher/lower culpability and higher/lower harm.
You should focus on the factors which indicate the appropriate reduction for the guilty plea.
You should focus on the aggravating and mitigating factors, beyond those used to decide the offence category.
Correct. This answer reflects the initial relevant consideration for the sentencing court when determining whether to adjust the starting point upwards or downwards, which is the focus of your submissions in this scenario. While the other answer options might sound plausible, they are incorrect in that they are most relevant at a different stage of the Court’s sentencing exercise and where there is a different point of emphasis to your submissions. An initial consideration of higher/lower culpability and higher/lower harm is relevant to the assessment of offence category. The relevance of a guilty plea will be determined when the starting point has been adjusted following consideration of other aggravating / mitigating factors. The dangerous provisions are considered as a later step still. (cf Overarching Principles: Seriousness Guideline, BCP 2020 SG 3-6)
Brian is to be sentenced in the Magistrates’ Court for one offence of assault occasioning actual bodily harm (ABH) and two offences of common assault.
What is the maximum sentence that the magistrates can impose?
18 months imprisonment
6 months imprisonment
12 months imprisonment
24 months imprisonment
6 months imprisonment
Correct. The Magistrates’ maximum sentencing power is 6 months where there is only one indictable offence, as here. The Magistrates’ power to exceed 6 months imprisonment is dependent on there being more than one indictable offence.
The other options are incorrect as they do not reflect the restrictions on sentencing powers in either way and summary offences in the Magistrates’ Court.
You represent Andy, who has pleaded guilty at the first appearance in the Magistrates’ Court to one offence of driving whilst over the prescribed limit (summary only), and one offence of burglary. The offences are linked in that Andy was stopped driving a car whilst over the prescribed limit, on the night of the burglary, and within 100 metres of the burgled premises. The magistrates have decided to commit the burglary to the Crown Court for sentence.
What are the magistrates most likely to decide in relation to the driving whilst over the prescribed limit offence?
The magistrates will commit Andy to the Crown Court for sentence under section 3 Powers of Criminal Courts (Sentencing) Act 2000.
The magistrates will commit Andy to the Crown Court for sentence under section 6 Powers of Criminal Courts (Sentencing) Act 2000.
The magistrates will commit Andy to the Crown Court for sentence under section 4 Powers of Criminal Courts (Sentencing) Act 2000.
The magistrates will retain the offence for sentence.
The magistrates will commit Andy to the Crown Court for sentence under section 6 Powers of Criminal Courts (Sentencing) Act 2000.
Correct. This reflects the legislative provisions governing committal for sentence for summary only offences.
The other options were incorrect because:
* Section 3 PCCC(S) Act 2000 governs committal for sentence for either way offences where the magistrates consider their sentencing powers are insufficient.
* Section 4 PCCC(S) Act 2000 governs committal for sentence for either way offences where a related offence has already been sent to the Crown Court for trial.
* The magistrates are likely to retain the offence for sentence if there is no other reason to commit to the Crown Court for sentence and here the summary offence is linked to the either-way offence.
Charlie appears before the Crown Court and pleads guilty to an offence of assault occasioning actual bodily harm (ABH). Less than 18 months ago, the Magistrates’ Court conditionally discharged Charlie for 2 years for an offence of theft.
What power does the Crown Court have with respect to the original theft offence?
The Crown Court may sentence Charlie for the original theft offence in any manner in which the magistrates could have dealt with him had he just been convicted before the magistrates’ court for that offence.
The Crown Court may sentence Charlie for the original theft offence in any manner in which it could have dealt with him if he had just been convicted before the Crown Court for that offence.
The Crown Court may sentence Charlie for the original theft offence and allow the conditional discharge to continue.
The Crown Court may sentence Charlie for the original theft offence and the new ABH offence in any manner in which the magistrates could deal with him had he just been convicted before the magistrates for those offences.
The Crown Court may sentence Charlie for the original theft offence in any manner in which the magistrates could have dealt with him had he just been convicted before the magistrates’ court for that offence.
Correct. This reflects the position when the Crown Court is dealing with a breach of conditional discharge imposed by the Magistrates’ Court.
The other options are incorrect because:
* The Crown Court can re-sentence for the original theft offence up to its own maximum only if it imposed the original conditional discharge.
* The Crown Court is not limited to the powers of the Magistrates in respect of the new ABH offence.
* If the court sentences for the original theft offence, the conditional discharge will not continue.
You attend Crown Court with your client on the first day of trial for assault occasioning grievous bodily harm. In conference with your client she tells you that she wants to plead guilty. She asks you what kind of reduction in her sentence(if any) she will receive.
Which of these statements best summarises her situation regarding a guilty plea?
A reduction is at the discretion of the judge and will be a maximum of 1/10.
A reduction of 1/10 must be given by the judge.
A reduction of up to 1/4 is available as the trial has not started yet, but this is at the discretion of the judge.
A reduction is at the discretion of the judge and will be a maximum of 1/10. She can plead guilty at any stage during the trial to obtain a discount.
A reduction is at the discretion of the judge and will be a maximum of 1/10.
Correct. The judge has a discretion to grant up to a 1/10 discount on sentence for a guilty plea on the first day of trial. However, the exact discount will depend on the case and the circumstances of the plea.
The other answers whilst plausible are incorrect:
- A slight reduction might be available during trial, but she could not expect to plead guilty shortly before conclusion of the trial.
- The judge is not obliged to give the full 1/10 discount for the guilty plea, and might award a lower discount or non at all.
- A discount of up to 1/4 would be available at the trial preparation hearing but not on the day of trial.
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 on 13th February 2022.
Which of these statements best explains what will happen with regard to your client’s conditional discharge?
The court will sentence your client for the new offence and may resentence him for the original offence.
The court will sentence your client for the new offence, and will resentence him for a period of 12 months custody.
The court will sentence your client for the new offence, but not the original offence the conditional discharge has expired.
The court will sentence your client for the new offence, and activate the suspended sentence of 12 months.
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.
Your client is charged with 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?
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.
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.
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.
If he is found guilty he will be sentenced by the magistrates’ court because they have accepted jurisdiction of his case.
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).
You are consulted by Mark who was recently sentenced at the Crown Court for an offence of burglary. The Judge imposed a sentence of 18 months imprisonment suspended for 3 years. Mark wants to know whether this sentence is lawful.
What is the correct advice to give Mark on the lawfulness of his sentence?
The sentence is not lawful because the term of imprisonment should be the same as the operational period.
The sentence is not lawful because, although the custodial term is lawful, the operational period is longer than is allowed in law.
The sentence is lawful because the Judge has power to suspend any prison sentence for a period of up to 3 years.
The sentence is lawful because a sentence of imprisonment can be suspended as long as the term of imprisonment does not exceed the maximum sentence permissible for that offence.
The sentence is not lawful because, although the custodial term is lawful, the operational period is longer than is allowed in law.
Correct. Prison sentences of up to 2 years in the Crown Court can be suspended for a maximum of 2 years (the operational period).
The other options were incorrect because:
* there is no requirement that the term of imprisonment should be the same as the operational period.
* the Judge does not have the power to suspend any prison sentence for a period of up to 3 years.
* a sentence of imprisonment cannot be suspended so long as the term of imprisonment does not exceed the maximum sentence permissible for that offence.
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 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?
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.
If you commit any offence during the operational period of two years then the court will resentence you for your original offence.
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.
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.
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.
Sam pleaded guilty to robbery and assault. The victim was his wealthy 94-year-old uncle called Gerald. Sam went to Geralds home saying that he was coming to help with the gardening. He then threated him at knifepoint, tied him up, poured petrol over him and threatened to burn him with cigarettes and pull out his fingernails. He then stole 4 paintings worth over £10,000 and two rolex watches. Gerald suffered a heart attack as a result of the incident and was said to be lucky to survive.
Before passing sentence, the Judge ordered a dangerousness assessment from both the probation service and a psychiatrist. The psychiatrist reported that, “Sam has a long-standing family feud with his uncle stemming from a difficult childhood and he has neither the cognitive nor social skills to understand and articulate his feelings. These characteristics result in him becoming impulsive and violent.” The report concluded that Sam poses a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences. The pre-sentence report concluded similarly. Sam has no previous convictions, cautions or reprimands.
Is the Judge entitled to make an assessment of dangerousness in relation to Sam?
Yes, the Judge must conclude that Sam poses a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences, as both the psychiatrist and probation officer have assessed him as dangerous
Yes, the Judge is entitled to conclude that Clarke poses a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences, even in the absence of previous convictions
No, as the court must have the opinion of two psychiatrists in order to determine that Sam poses a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.
No, as Sam has no previous convictions he cannot be assessed as posing a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.
Yes, the Judge is entitled to conclude that Clarke poses a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences, even in the absence of previous convictions
Marcus has been found guilty of three counts of domestic burglary that took place in houses on the same street over the course of one night. He has also been found guilty of a separate shoplifting offence which took place during the day, a week prior to the burglaries. In all three burglaries and the shoplifting the items stolen were of no value and no damage was caused.
The court have sentenced Marcus to 2 years imprisonment for the burglary offences and 1 month for the shoplifting.
Which of the following would best set out the way the Judge would order the sentence to be served?
The sentence for shoplifting is likely to run concurrently to the sentence for burglary as it is not serious enough to warrant a separate custodial sentence.
The sentence for shoplifting is likely to run concurrently to the sentence for burglary as it is for the same type of offending as the burglaries.
The sentence for the shoplifting is likely to run consecutively to the sentence for burglary as it arises out a different set of facts and took place on a different occasion to the burglaries.
The sentence for shoplifting is likely to run consecutively to the sentence for burglary as it is serious enough to warrant a separate custodial sentence.
The sentence for the shoplifting is likely to run consecutively to the sentence for burglary as it arises out a different set of facts and took place on a different occasion to the burglaries
Correct - in cases where a defendant is being sentenced for separate offences, the court will take into account whether the offences arise out of the same facts when deciding whether to pass consecutive or concurrent sentences. The burglaries arise out of the same facts so would be sentenced concurrently but the shoplifting arises out of a different set of facts so the sentence would most likely run consecutively.
Question 1
A man has been charged with an offence of robbery. When interviewed, he denied
his involvement and later instructed his solicitor that he would plead not guilty. At his
first appearance in the magistrates’ court, the man’s solicitor was given access to the
prosecution evidence, which appeared to be compelling. Despite advice from his solicitor,
the man was not prepared to indicate a guilty plea at this stage. The man’s case was
immediately sent to the Crown Court and a date for the plea and trial preparation hearing
(PTPH) was set. At this hearing, the man changed his mind about the plea and entered a
guilty plea at the PTPH. However, he made it clear he did not show any remorse for his
offending behaviour.
What level of discount will the man be entitled to as a result of his guilty plea?
A Somewhere between zero and one- tenth discount on his sentence since he has shown
no remorse for his offending behaviour.
B A one- tenth discount on his sentence since the evidence against him was
overwhelming.
C A one- quarter discount on his sentence since he only indicated his guilty plea after the
first stage of the proceedings.
D A one- third discount on his sentence since he indicated his guilty plea at his first
appearance in the Crown Court.
E The man will not be entitled to any discount on his sentence since he has shown no
remorse for his offending behaviour and the evidence against him was overwhelming.
Answer
Option C is the correct answer. Under the ‘Reduction in Sentence for a Guilty Plea’ Definitive
Guideline, where a guilty plea is indicated after this first stage of the proceedings, the
maximum level of the reduction is only one quarter, and not the full reduction of one third.
For this reason, option C is correct and option D is wrong because the first stage of the
proceedings was when the man appeared in the magistrates’ court and could reasonably
have been expected to indicate a guilty plea at that stage.
Options A, B and E are all wrong because a reduction in discount to one- tenth or even to
zero should only apply where a guilty plea is entered on the first day a trial is meant to
take place (one- tenth discount) or it may be reduced further, even to zero, where the guilty
plea is entered during the course of the trial. Not showing remorse or the strength of the
prosecution case are not factors that will affect the level of discoun
Question 2
A man was sentenced six months ago in the magistrates’ court for an offence of assault
occasioning actual bodily harm. He received a suspended sentence order of three months’
custody. The operational period of the suspended sentence is for 12 months. A requirement
to complete 100 hours of unpaid work was attached to the suspended sentence order
and the man has completed the unpaid work. The man has now pleaded guilty in the
magistrates’ court to an offence of affray.
Which of the following best describes the likely sentence the man will now receive?
A The man will receive a custodial sentence for the present offence of affray and the
suspended sentence of three months will be activated to run fully and concurrently with
this sentence.
B The man will receive a custodial sentence for the present offence of affray and the
suspended sentence of three months will be activated but will be reduced to take into
account the unpaid work the man has completed.
C The man will receive a custodial sentence for the present offence of affray and the
suspended sentence of three months will be activated to run fully and consecutively
with this sentence.
D The man will receive a custodial sentence for the present offence of affray and the
suspended sentence of three months will be further suspended for another period of
12 months.
E The man will receive a community order for the present offence of affray and the
suspended sentence of three months will be further suspended for another period of
12 months.
Answer
All of these options are possible, but option C is the best answer. The general rule where
a suspended sentence order is imposed and a further offence is committed during the
operational period of the order is for a custodial sentence to be imposed for the present
offence (assuming it is imprisonable, which affray is) and the suspended sentence will be
activated to run fully and consecutively with this sentence. However, the sentencing court
does have some discretion to impose other sentences. For example, if the present offence
is not very serious and/ or is very different in nature to the earlier offence, or the earlier
sentence is very near the end of its operational period, the court may not activate the original
sentence and further suspend it, or not activate it to run for the full period, or activate it to run
concurrently with the present sentence as opposed to running consecutively with it.
Question 3
A woman is sentenced in the Crown Court for a number of dishonesty offences. For two
unrelated offences of theft, she is sentenced to six months’ imprisonment for each, which
are ordered to run consecutively. For an offence of fraud, which is linked to the second
offence of theft, she is sentenced to four months’ imprisonment and this is ordered to run
concurrently.
When should the woman be released from prison?
A After serving four months in custody.
B After serving six months in custody.
C After serving 10 months in custody.
D After serving 12 months in custody.
E After serving 16 months in custody.
Answer
Option B is the correct answer. The woman has been sentenced to a total period of 12 months
in custody as the two thefts are ordered to run consecutively (whereas the fraud offence will
run concurrently and so does not count toward the overall total). However, a prisoner will
generally be released after serving half their sentence, so here, after serving six months in
custody. Because the woman’s sentence runs to a total of 12 months, she will be released on
licence and will be under the supervision of the Probation Service during the licence period.
This will expire at the end of the 12- month period.
Question 2
A man was convicted in the Magistrates’ Court of theft four months ago. He received a suspended sentence order of six months’ custody. The operational period of the suspended sentence is 12 months. A requirement to complete 80 hours of unpaid work was attached to the suspended sentence order and the man has completed the unpaid work.
The man has now been convicted in the Magistrates’ Court for an offence of criminal damage committed one month ago.
Can the Magistrates’ Court activate the custodial sentence?
A. Yes, because the man has committed an offence during the operational period of the suspended sentence order.
B. No, because the new offence is non-imprisonable.
C. No, because the man has completed the requirement attached to the suspended sentence order.
D. No, because the operational period of the suspended sentence order is still running.
E. Yes, because the man has committed an offence within the six month period of custody imposed.
A - Yes, because the man has committed an offence during the operational period of the suspended sentence order.
