sentencing (w8) Flashcards
when are cautions by police used
normally for first offences unless:
1) more than 2 years have elapsed
2) second offence is different in nature from first
what are the requirements for cautions
1) police must have enough evidence to convict
2) D must admit guilt and accept caution
3) can be unconditional or add conditions aimed at rehabilitation, reparation, punishment
what are penalty notices for disorder?
a small fine for very low-level offending with no need to admit guilt
are are the 4 purposes of sentencing?
1) punishment
2) reduction of crime
3) protection of public
4) making of reparations by D
what is the maximum years the Magistrate’s court can sentence a defendant?
12 months
what is the maximum years the Crown Court can impose on D?
Crown Court sentencing powers are limited only by the statutory maximum prescribed for the offence (sentencing guidelines)
define the sentencing code
it is an act which provides single reference point for sentencing
define the totality principle
where D has committed multiple crimes, crimes of the same circumstance will usually run concurrently and crimes of separate offences will be consecutive
define custodial threshold
Offence is so serious that court cannot avoid giving a custodial sentence
which factors may not be appropriate to suspend a sentence
-where offender presents risk to the public
-where appropriate punishment can only be achieved by immediate custody
-where offender has history of poor compliance with court orders
which factors may be appropriate to suspend a sentence?
-a strong personal mitigation
-a realistic prospect of rehabilitation
- where immediate custody will harm others
define a community order threshold
Where court is satisfied that offender is suitable to perform work and arrangements can be made for ‘unpaid work’ to take place
when are fines used as a sentence
when the offense is of a very low level- court will consider D’s financial circumstances
what are the aggravating factors that take up a sentence?
- offending whilst already on bail
- previous convictions
- assault on emergency worker
- using a minor to mind a weapon
what are some mitigating factors that take down a sentence?
- early guilty plea (max of 33% reduction)
- co-operation with prosecution
- no previous convictions
- good conduct
- remorse
- being a sole primary caregiver
what is a newton hearing when giving a sentence?
where D pleads guilty based on facts not approved by prosecution, both parties give evidence before a judge.
burden of proof is on prosecution (beyond reasonable doubt) to prove its version of facts is correct for sentencing to be based on
what are the steps for sentencing?
1- decide harm and culpability
2- consider aggravating and mitigating factors
3- has D entered a guilty plea
4- consider the custody threshold
5- consider if sentence be suspended
What is the difference in mechanics within different courts?
essentially sentencing is the same, only key difference is
the availability of certain sentences; and
the limits to the powers of the magistrates’ and youth courts.
how long can a court defer a sentence and what is the purpose?
up to 6 months, purpose is for D to show that they’ve either changed or offence was a one-off
can D ask for an indication of sentence?
yes,
magistrates’ court can say if sentence is custodial or non-custodial during allocation process
Crown C can give indication for sentence before PTPH/before jury verdict
define culpability
blameworthiness with reference to offender’s role & intention
define harm
assessment of damage caused to victim
define discretionary sentences
a court may send offender to prison provided the custodial threshold
define determinate custodial sentences
a prison sentence for a defined period of time
