sentencing (w8)

Question 1

when are cautions by police used

Answer 1

normally for first offences unless:
1) more than 2 years have elapsed
2) second offence is different in nature from first

Question 2

what are the requirements for cautions

Answer 2

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

Question 3

what are penalty notices for disorder?

Answer 3

a small fine for very low-level offending with no need to admit guilt

Question 4

are are the 4 purposes of sentencing?

Answer 4

1) punishment
2) reduction of crime
3) protection of public
4) making of reparations by D

Question 5

what is the maximum years the Magistrate’s court can sentence a defendant?

Answer 5

12 months

Question 6

what is the maximum years the Crown Court can impose on D?

Answer 6

Crown Court sentencing powers are limited only by the statutory maximum prescribed for the offence (sentencing guidelines)

Question 7

define the sentencing code

Answer 7

it is an act which provides single reference point for sentencing

Question 8

define the totality principle

Answer 8

where D has committed multiple crimes, crimes of the same circumstance will usually run concurrently and crimes of separate offences will be consecutive

Question 9

define custodial threshold

Answer 9

Offence is so serious that court cannot avoid giving a custodial sentence

Question 10

which factors may not be appropriate to suspend a sentence

Answer 10

-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

Question 11

which factors may be appropriate to suspend a sentence?

Answer 11

-a strong personal mitigation
-a realistic prospect of rehabilitation
- where immediate custody will harm others

Question 12

define a community order threshold

Answer 12

Where court is satisfied that offender is suitable to perform work and arrangements can be made for ‘unpaid work’ to take place

Question 13

when are fines used as a sentence

Answer 13

when the offense is of a very low level- court will consider D’s financial circumstances

Question 14

what are the aggravating factors that take up a sentence?

Answer 14

• offending whilst already on bail
• previous convictions
• assault on emergency worker
• using a minor to mind a weapon

Question 15

what are some mitigating factors that take down a sentence?

Answer 15

• early guilty plea (max of 33% reduction)
• co-operation with prosecution
• no previous convictions
• good conduct
• remorse
• being a sole primary caregiver

Question 16

what is a newton hearing when giving a sentence?

Answer 16

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

Question 17

what are the steps for sentencing?

Answer 17

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

Question 18

What is the difference in mechanics within different courts?

Answer 18

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.

Question 19

how long can a court defer a sentence and what is the purpose?

Answer 19

up to 6 months, purpose is for D to show that they’ve either changed or offence was a one-off

Question 20

can D ask for an indication of sentence?

Answer 20

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

Question 21

define culpability

Answer 21

blameworthiness with reference to offender’s role & intention

Question 22

define harm

Answer 22

assessment of damage caused to victim

Question 23

define discretionary sentences

Answer 23

a court may send offender to prison provided the custodial threshold

Question 24

define determinate custodial sentences

Answer 24

a prison sentence for a defined period of time

Question 25

which court can impose sentence regarding Third class A drugs offence & what’s the requirement

Answer 25

-Crown Court only
-D must have committed 3 class A drug trafficking offences

Question 26

what is the chronological order for the occurrence of 3 Class A drug offences

Answer 26

Commission of offence 1
Conviction (plea/verdict of guilty) of offence 1
Commission of offence 2
Conviction (plea/verdict of guilty) of offence 2
Commission of offence 3
Conviction (plea/verdict of guilty) of offence 3

Question 27

define an extended determinate sentence

Answer 27

same as determinate sentence but with extended licence period to protect public from harm

Question 28

when can an extended determinate sentence be imposed by courts?

Answer 28

specified violence, sexual or terrorism offences and where offender is dangerous