Sentencing - Overview Flashcards
What is the Sentencing Code?
Consolidation of existing sentencing procedure law
What are the types of sentencing?
Custodial and non-custodial
What will the court have regard to as per the purpose of sentencing (Adult)?
- Punishment of offender
- Reduction of crime
- Reform and rehabilitation of offender
- Protection of public
- Making of reparation by offenders to persons affected
What is the maximum a Magistrates’ Court can impose imprisonment for in respect of any one offence?
6 months
Tell me which court can sentence a summary only offence?
Magistrates’ Court
Tell me which court can sentence an either-way offence?
Magistrates and Crown Court
Tell me which court can sentence an indictable only offence?
Crown Court
Can a case be sent back to Magistrate’s from the Crown Court?
No
What is a Newton Hearing?
When a D pleads guilty but disagrees on key facts, court holds a hearing to settle the dispute
Who leads Newton Hearing in Magistrates’ Court?
Magistrates or District Judge
Who leads Newton Hearing in Crown Court?
The judge – without a jury. So judge decides both law and fact.
What is the process of a Newton Hearing?
1) Prosecution presents evidence, calls witness
2) Defence can cross-examine and present own evidence
3) Both sides can give closing speech
4) Judge makes decision
Who is the burden of proof on in the Newton Hearing?
The prosecution
What is the standard of proof in Newton Hearings?
Prosecution must prove beyond a reasonable doubt
What happens if prosecution fails to prove beyond a reasonable doubt in a Newton Hearing?
The Court will accept the Defence’s version of events
What happens to D if the prosecution is able to prove beyond a reasonable doubt?
The D can lose some credit for guilty plea – normally halved
What is totality?
When sentencing multiple offences, court must consider total sentence
What are the different types of totality sentences?
Consecutive or concurrent
What is a consecutive sentence?
Served one after another
What is a concurrent sentence?
Served at same time
When is consecutive / concurrent given/?
Consecutive if different offences different facts
Concurrent if different offences arising from same facts
What is a deferring sentence?
Court can defer for up to six months – allowing D time to prove themselves
What if a Magistrates defers for six months and then commit to Crown Court?
Crown court gets an additional six months
What are indications of sentence?
Court can indicate a sentence before guilty plea
What must Magistrates provide if D asks for indication?
Whether or not it is custodial
Is Magistrates bound to indication of plea if given to D?
Only if D pleads guilty
When can D ask for indication of sentence in Crown Court?
a) They either accept prosecution facts or written basis plea must be agreed
b) Give clear instructions to their counsel that D wishes to ask for an advance indication of sentence
Does the Crown Court need to give indication?
No, completely discretionary
When can D ask for indication?
Before PTPH or at any stage before jury gives verdict
