sentencing practise in the courts

Question 1

What is held if an offender does not agree with the facts of the case?

Answer 1

a Newton hearing

Question 2

What section of the Criminal Justice Act 2003 sets out how a court establishes the seriousness of an offenders offence?

Answer 2

s.143(1)

Question 3

What are the 4 aggregating factors listed in the Criminal Justice Act?

Answer 3

• 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

Question 4

What are the other aggravating factors a court will want to know ? (4)

Answer 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

Question 5

How much can a sentence be reduced if an offender admits guilt at the first reasonable opportunity?

Answer 5

up to one third

Question 6

How much can a sentence be reduced if an offender admits guilt at the first reasonable opportunity but there is overwhelming evidence of guilt?

Answer 6

20%

Question 7

How much will a sentence be reduced if there is a plea of guilty after the trial has started?

Answer 7

one tenth of a reduction

Question 8

How much will a sentence be reduced if the plea of guilt is after the trial is set?

Answer 8

1/4

Question 9

what are the 4 reasons justify a discount in sentence for a guilty plea?

Answer 9

• avoids the need for a trial
• shortens the time between charge and sentence
• saves considerable cost
• saves victims from having to give evidence

Question 10

Who prepares pre-sentence reports?

Answer 10

the probation service

Question 11

Does the court have to consider pre-sentencing reports before giving a custodial sentence ?

Answer 11

don’t have to but usually will

Question 12

Before a court considers a community sentence they will have a report, what will this include?

Answer 12

• defendants background

- suitability

Question 13

Why will courts look at a defendants background before granting a community sentence?

Answer 13

To see if they are likely to respond to a community-based penalty

Question 14

What will the court ask if the offender has medical or psychiatric problems?

Answer 14

ask for a report to be prepared by an appropriate doctor

Question 15

Why was the Sentencing Guidelines Council set up in 2003?

Answer 15

to issue guidelines on any aspect of sentencing

Question 16

What did the Sentencing Advisory Panel do ?

Answer 16

made proposals to the Council that there should be guidelines on a particular offence or aspect of sentencing

Question 17

when were the 2003 Sentencing Guidelines Council and Sentencing Advisory Panel replaced by the Sentencing Council?

Answer 17

2010

Question 18

When can courts depart from the guidelines set by the Sentencing Council?

Answer 18

when it is in the interest of justice to do so