Sentencing: Practice in Courts Flashcards
1
Q
CJA 2003: Sentencing Practice
A
S.143 CJA 2003:
- D will be sentenced based on their Culpability
- D’s culpability based on what they Intended or were Reckless as to
2
Q
Aggravating Factors under CJA 2003
A
Aggravating Factors:
- Previous Convcitions for similar or relevant offences
- If D was on Bail whe offence was committed
- If racial or religious Hositility was involved
- If hostility to Disability or Sexual Orientation involved
Other Factors:
- Was D in position of trust?
- Was V vulnerable?
- Extent of injuries (assault)
3
Q
Reduction for Guilty Plea
A
The earlier the plea, the bigger the reduction:
- At first reasonable opportunity > 1/3 reduction
- 1st opportunity but evidence overwhelming > 20% reduction
- After trial has started > 1/10 reduction
Reasons for reducing sentence for Guilty Plea:
- Incentive to D
- Avoids Trial
- Saves money
- Saves witnesses and victims from stress of giving evidence
4
Q
Offenders Background
A
Previous Convictions:
- No previous conviction = lighter sentence
- Failure to respond to previous sentences can make present sentence more serious
- Past record will determine whether D will get min or automatic life for certain offences
Pre-Sentence Reports:
- Prepared by Probation, Gives info on D’s background and suitability for community sentence
- Court don’t have to look at it but usually will
Medical Reports:
- Where D has medical or Psychiatric problems, court will ask doctor to prepare a report
- Medical factors may influence sentencing
- Courts have special powers where D suffers from mental illness
Financial Situation:
- Where court considers fine to be suitable, they may ask for financial report to decide the amount for fine
5
Q
Sentencing Council
A
- 2003: Sentencing Guidelines Council set up to issue guidelines on any aspect of sentencing
- Sentencing Advisory Panel: make proposals to council on aspects of sentencing
Both replaced by Sentencing Council in 2010
