sentencing practise in the courts Flashcards
What is held if an offender does not agree with the facts of the case?
a Newton hearing
What section of the Criminal Justice Act 2003 sets out how a court establishes the seriousness of an offenders offence?
s.143(1)
What are the 4 aggregating factors listed in the Criminal Justice Act?
- previous convictions for offences of a similar nature
- fact defendant was on bail when committing another offence
- racial or religiously hostility being involved in the offence
- hostility to disability or sexual orientation being involved in the offence
What are the other aggravating factors a court will want to know ? (4)
- was the offender in a position of trust
- was the offence premeditated
- was the victim particularly vulnerable
- did the victim suffer physically or mentally before the death
How much can a sentence be reduced if an offender admits guilt at the first reasonable opportunity?
up to one third
How much can a sentence be reduced if an offender admits guilt at the first reasonable opportunity but there is overwhelming evidence of guilt?
20%
How much will a sentence be reduced if there is a plea of guilty after the trial has started?
one tenth of a reduction
How much will a sentence be reduced if the plea of guilt is after the trial is set?
1/4
what are the 4 reasons justify a discount in sentence for a guilty plea?
- avoids the need for a trial
- shortens the time between charge and sentence
- saves considerable cost
- saves victims from having to give evidence
Who prepares pre-sentence reports?
the probation service
Does the court have to consider pre-sentencing reports before giving a custodial sentence ?
don’t have to but usually will
Before a court considers a community sentence they will have a report, what will this include?
- defendants background
- suitability
Why will courts look at a defendants background before granting a community sentence?
To see if they are likely to respond to a community-based penalty
What will the court ask if the offender has medical or psychiatric problems?
ask for a report to be prepared by an appropriate doctor
Why was the Sentencing Guidelines Council set up in 2003?
to issue guidelines on any aspect of sentencing
What did the Sentencing Advisory Panel do ?
made proposals to the Council that there should be guidelines on a particular offence or aspect of sentencing
when were the 2003 Sentencing Guidelines Council and Sentencing Advisory Panel replaced by the Sentencing Council?
2010
When can courts depart from the guidelines set by the Sentencing Council?
when it is in the interest of justice to do so
