sentencing (week 8)

Question 1

what is the 5 key purposes for sentencing adults?

Answer 1

1. Punishment of offenders
2. The reduction of crime (including its reduction by deterrence)
3. The reform and rehabilitation of offenders
4. The protection of the public
5. The making of reparation by offenders to persons affected by their offences

Question 2

when does sentencing happen?

Answer 2

Sentencing happens after a D is convicted – either pleading guilty or found guilty after trial

Question 3

what are the 3 courts who are all of 1st instance with powers to sentence?

Answer 3

magistrates court
crown court
youth court

Question 4

what is a Newton hearing?

Answer 4

Where a D pleads guilty on a basis that will make a material difference to the sentence, the court must hold a Newton hearing to decide the factual basis upon which it should pass sentence

Question 5

what are the 2 key differences to sentencing in different courts?

Answer 5

1. the availability of certain sentences; and
2. the limits to the powers of the magistrates’ and youth court

Question 6

how does a Newton hearing take place in the magistrates court?

Answer 6

A Newton hearing is presided over by magistrates or a District Judge much like a regular trial

Question 7

how does a Newton hearing take place in the crown court?

Answer 7

In the Crown Court a Newton hearing takes place without a jury

Question 8

when is one of the limited number of occasions where a crown court judge acts as the arbiter of both law and fact?

Answer 8

In a Newton hearing

Question 9

At the conclusion of the Newton hearing the court must decide whether the prosecution has proved its version of the facts beyond reasonable doubt. If it has, the defendant will be sentenced on…..

Answer 9

on the prosecution version of the facts

Question 10

At the conclusion of the hearing the court must decide whether the prosecution has proved its version of the facts beyond reasonable doubt. If it has failed to prove their factual basis to that standard, the D will be sentenced on….

Answer 10

on the defence version of the facts

Question 11

if a D is sentenced to more than one offence what must the total sentence be?

Answer 11

just and proportionate

Question 12

how long can a court defer a sentence for?

Answer 12

up to 6 months

Question 13

When can deferral period be extended?

Answer 13

If magistrates’ court defers sentence for a period, at the end of which they commit to the crown court for sentence. CC then has the option to defer for a further 6 months.

Question 14

how does indication of sentence work in the magistrates court?

Answer 14

if offence is either-way and magistrates has accepted jurisdiction then D can ask for indication on their sentence if they were to plead guilty. Court doesn’t have to give indication but if it does just say whether sentence would be custodial or non-custodial. It ONLY binds if D pleads guilty

Question 15

what must the D do for an indication of sentence in the crown court? (there are 2 things)

Answer 15

(A) Either accept the prosecution facts, or a written basis of plea must be agreed by the parties and the court; and
(B) Give clear instructions to their counsel that they wish to ask for an advance indication of sentence

Question 16

what are the two things that the court need to consider when determining the seriousness of the offence for sentencing?

Answer 16

culpability and harm

a) the offender’s culpability in committing the offence, and
b) any harm which the offence
(i) caused,
(ii) was intended to cause, or
(iii) might foreseeably have caused.

Question 17

what is the threshold for a custodial sentence?

Answer 17

Court must not pass a custodial sentence unless the offence was so serious that neither a fine nor a community sentence can be justified.

so serious

Question 18

what is the threshold for a community order?

Answer 18

serious enough to warrant the making of such an order

Question 19

what is culpability?

Answer 19

essentially blameworthiness and is assessed with reference to the offender’s role, level of intention and/or premeditation and the extent and sophistication of planning.

Question 20

what is harm?

Answer 20

the assessment of the damage caused to the victim

Question 21

what should the courts do if there is no offence-specific sentencing guidelines that exist?

Answer 21

the Court will refer to the general guidelines: overarching principles

Question 22

does a court need to obtain a pre-sentence report before passing a custodial or community sentence?

Answer 22

yes, they must obtain a pre-sentence report unless it considers it unnecessary to do so

Question 23

what is the purpose of a pre-sentence report?

Answer 23

the report is to assist the court in determining the most suitable method of dealing with an offender

Question 24

what are the 3 levels/ categories of offences? eg, level 1, level 2, and level 3

Answer 24

1. Greater culpability and greater harm.
2. Greater culpability and lesser harm, or greater harm and lesser culpability.
3. Lesser culpability and lesser harm.
   The highest level of offence category would be 1, the lowest 3, and the middle category 2. The guideline will then provide a sentence starting point and range for each category.

Question 25

what is the effect of evidence of remorse or no evidence of remorse?

Answer 25

evidence of remorse: mitigating factor
no evidence of remorse: not an aggravating factor

Question 26

if a D pleads guilty at first stage of proceedings - what credit on their sentence can be given if they plead guilty?

Answer 26

maximum 30% reduction on the sentence

Question 27

if a D pleads guilty after the 1st stage of proceedings what credit can be given on their sentence?

Answer 27

maximum 25% reduction

Question 28

if a D pleads guilty on the first day of trial what credit can be given on their sentence?

Answer 28

maximum 10% reduction

Question 29

what is bind over?

Answer 29

it is a non-custodial sentence which is imposed on someone instead of them entering a guilty plea or being tried for an offence.
imposed by the court to ‘keep the peace’ for a sum of money that they forfeit if they fail to do so. if hey breach the peace then they are liable to pay the monetary sum that they are bound over for

Question 30

what is an absolute discharge?

Answer 30

non-custodial sentence = essentially no punishment as D doesnt need to do anything

Question 31

what is a conditional discharge?

Answer 31

discharge with conditions attached to it. if they commit another offence during specified period then they can be re-sentenced fro the original offence and sentenced with a new offence
max 3 years (specified time)

Question 32

how long is the specified time for a conditional discharge?

Answer 32

maximum 3 years

Question 33

what is the limit of the fine in the crown court?

Answer 33

there is no maximum amount (no upper limit)

Question 34

what is the limit of the fine in the magistrates court?

Answer 34

level 1 = £200
level 5 = unlimited

Question 35

what happens if D fails to pay the fine they are imposed with?

Answer 35

can be brought back before magistrates court (doesnt matter if they were fined in the crown court) and as a last resort D can be sentenced to a period of imprisonment for defaulting

Question 36

what is a community order sentence?

Answer 36

requires D to comply with one or more requirements to punish and/or rehabilitate a D in the community
max length of sentence is 3 years

Question 37

what is a determinate custodial sentence?

Answer 37

prison sentence for a defined period

Question 38

how does the court determine seriousness of an offence?

Answer 38

they consider culpability and harm

Question 39

what is another way of saying indeterminate sentence>