Sentencing Procedure A01

Question 1

What is a Pre-Sentence Report?

Answer 1

APre-Sentence Report is prepared by the Probation Service before sentencing. The offender meets with a Probation Officer, who gathers basic information about the offender’s age, background, previous convictions, and attitude toward the offence. The report may also include the victim’s views, the offender’s risk of reoffending, and a sentence recommendation.

Question 2

What are aggravating factors in sentencing?

Answer 2

Aggravating factorsmake an offence more serious and can lead to a more severe sentence. They include:

• Use of a weapon
• Premeditated attack
• Breach of trust
• Racist or religious motives
• Victim’s vulnerability
• Relevant previous convictions
• Committing the offence while on bail

Question 3

What are mitigating factors in sentencing?

Answer 3

Mitigating factorsmay lead to a more lenient sentence. They include:

• Previous good character
• Personal circumstances
• Showing remorse
• Early guilty plea (1/3 reduction,s.64-75 SA 2020)
• Change of plea on the day of trial (1/10 reduction)
• Assisting police
• Lack of premeditation
• Provocation
• Attempt to compensate the victim

Question 4

What is the role of the Sentencing Council?

Answer 4

TheSentencing Councilfor England and Wales was set up by the**Coroners and Justice Act 2009. Its role includes:

• Preparing sentencing guidelines
• Monitoring the effect of sentencing guidelines
• Drawing conclusions about sentencing practice
• Promoting public awareness of sentencing

Question 5

What is a discharge in sentencing?

Answer 5

Conditional discharge: No further action if the offender doesn’t commit another offence within a set time (up to 3 years).

• Absolute discharge: No further action taken, but the offender has a criminal record (often for minor offences or first-time offenders).

Question 6

What is a fine in sentencing?

Answer 6

Afineis a financial penalty imposed either alone or alongside another sentence. The court considers the seriousness of the offence and the offender’s financial means. Fines are not required if the offender is sent to prison. Fines are the most common sentence, imposed in about 71% of cases.

Question 7

What are community sentences?

Answer 7

Community sentencesare imposed in 13% of cases and can be tailored to the offender’s needs. They are effective for rehabilitation and are only given for serious enough offences (s.204 Sentencing Act 2020). The order can include:

• Unpaid work
• Mental health treatment
• Alcohol treatment

Question 8

Who can receive acommunity sentence?

Answer 8

A community sentencecan be given to anyone aged 16 or over if the offence is serious enough to warrant it. The sentence can be tailored to the individual’s needs to support rehabilitation.