SGS 6 - Sentencing and appeals

Question 1

Which section of CJA 2003 states that the court will assess the seriousness of the offence with reference to culpability and harm?

Answer 1

s143(1) CJA

Question 2

which statutory aggravating factor is s143(3)?

Answer 2

Offending whilst on bail

Question 3

which statutory aggravating factor is s145?

Answer 3

racial or religious aggravation

Question 4

which statutory aggravating factor is s146?

Answer 4

targeted because of disability or sexual orientation

Question 5

which statutory aggravating factor is s143(2)(a)

Answer 5

previous convictions

Question 6

Which section says that an offender’s personal circumstances will be considered in mitigation?

Answer 6

s166 CJA

Question 7

Which section says that the court will consider a reduction in sentence for an early guilty plea?

Answer 7

s144 CJA

Question 8

Which section contains the custody threshold, in that an offence must be ‘so serious’ to warrant a custodial sentence?

Answer 8

s152(2) CJA

Question 9

Which section says that the court can still impose a custodial sentence where the custody threshold hasn’t been met if the defendant is not willing to surrender to a community sentence?

Answer 9

s152(3)

Question 10

Under s189, which custodial sentences can be suspended and how long can they be suspended for?

Answer 10

Custodial sentences between 14 days and 2 years can be suspended for a period between 6 months - 2 years.

Question 11

If an offender is given a conditional discharge, and they reoffend in the period, what happens?

Answer 11

They will be sentenced afresh for the first offence and for the second one also

Question 12

Who can appeal from the magistrates court to the crown court and when must they appeal by?

Answer 12

The defendant can appeal against conviction/sentence. D must appeal to the magistrates’ court within 21 days of conviction/sentence

Question 13

Who can appeal from the magistrates’ court to the divisional court and when must they appeal by?

Answer 13

Either the prosecution or defence can appeal on an error of law to the divisional court and must do so within 21 days from the date of conviction/sentence

Question 14

Who can appeal from the crown court to the court of appeal and when must they appeal by?

Answer 14

Either the prosecution or defence on either:

• conviction
• sentence
• a point of law
• any other matter relating to the trial

Must make application to the crown court within 28 days of conviction or sentence