Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

BTC- Criminal Litigation > Topic 18- Sentencing Principles > Flashcards

Topic 18- Sentencing Principles Flashcards

1
Q

What code governs sentencing?

A

The Sentencing Code (Sentencing Act 2020, s57)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the five factors in the Sentencing Code that the court must have regard to when looking at the PURPOSE of sentencing?

A

Punishment of offenders

Reduction of crime

Reform and rehabilitation

Protection of the public

Making of reparations by offenders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What three things does the Sentencing Code not apply to?

A

Mandatory sentence requirement

Hospital orders

Under 18 sentencing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What three things do the sentencing guidelines specify?

A

The offence range

The category range

Staring point

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When may a court not follow the sentencing guidelines?

A

If it is in the interests of justice not to do so

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What do the sentencing guidelines say about an acceptance of guilt by the offender?

A

Reduces the impact of the crime upon victims

Saves victims and witnesses from having to testify

Is in the public interest in that it saves time and money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What three reasons are given for why there is a reduction in sentence for a guilty plea?

A

Reduces the impact of the crime upon victims

Saves victims and witnesses from having to testify

Is in the public interest in that it saves time and money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What will the court look at in determining what sentence to pass on an offender where they induce a guilty plea?

A

The stage in proceedings where they indicated the guilty plea
AND
The circumstances in which the indication was given

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Will the strength of evidence against an offender be considered where a guilty plea has been made?

A

No, it won’t be considered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the maximum level for a reduction of sentence for a guilty plea at first instance?

A

A third reduction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the maximum level for a reduction of sentence for a guilty plea after first instance?

A

One quarter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If an offender has not indicated a guilty plea sooner than was done, can a third reduction still be made?

A

Yes, if there were certain circumstances which reduced the defendant’s ability to understand what was alleged, etc

Eg, where they don’t known what they were charged with

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If, during a Newton hearing, an offender’s version of events is rejected, what reduction will there be?

A

Their reduction available at the guilty plea should be halved

If witnesses have been called, it can be more

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What two things will the court look at when considering the seriousness of an offence committed whilst on bail?

A

The fact it was committed on bail as an aggravating factor
AND
State in open court that the offence is so aggravated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What would be the most aggravating factor where an offence has been committed on bail?

A

Where the offence is similar to the one charged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Are offences committed on bail aggravating factors?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

During sentencing, what will the court consider in terms of previous convictions?

A

The nature of the offence to which the previous conviction relates (whether they are similar)

The time that has elapsed since the previous conviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Are convictions after the offence was committed classed as previous convictions?

A

No, they are not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How much weight is put on previous convictions when looking at sentencing?

A

Not a huge amount of weight

Cannot impose a sentence disproportionate to the seriousness of the latest offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How is hostility treated as an aggravating factor in sentencing?

A

If the offence was aggravated by:

Racial, religious, disability, sexual orientation, transgender identity .. hostility

Then it will be treated as a significant aggravating factor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How much weight is put on hostility when sentencing?

A

A lot of weight

Racially or religiously aggravated offences carry higher maximum penalties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Where it is disputed that hostility was involved in an offence, what will happen?

A

Likely a Newton hearing will be held to resolve the matter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Are terrorist connections aggravating factors?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Are lies told by an offence an aggravating factor?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What mitigating factors may help mitigate a sentence?
Prospect of rehabilitation Strong personal mitigation Immediate custody may impact others Good character/no previous convictions
26
What specific examples of personal mitigation are there?
Remorse Youth/immaturity Serious illness Pressure on the offender to commit the offence Provocation
27
If an offence occurs a lot in a local area, is this an aggravating factor?
No, it cannot be used to increase a sentence However, there are some exceptional circumstances where they may increase it as a deterrent
28
What circumstances are there where a judge may pass a longer sentence due to local prevalence?
Deterrent sentences- it was just and proportionate to increase the sentence
29
When must a pre-sentence report be made?
Must be obtained when imposing a custodial sentence unless it considers it is unnecessary
30
What is a pre-sentence report?
A report which is made to assist the court in determining an appropriate sentence for the offender
31
What are victim personal statements?
These are statements made by the victim or their families to provide for the court to show the impact the offender has had on them It helps the court consider the evidence of the victim and the personal impact of the offence in their sentencing
32
What is the function of a victim personal statement?
It helps the court consider the evidence of the victim and the personal impact of the offence in their sentencing
33
Where an offender appears to be suffering from a mental disorder, what must be obtained before sentencing?
A medical report must be obtained before passing a custodial sentence This is unless they feel it is unnecessary to do so
34
If an accused is deprived of a genuine choice as to plea, what may happen?
The plea is nulled, and the conviction will be quashed on appeal
35
What is the approach to indicating sentence called?
The Goodyear Approach
36
What are the responsibilities of the Court when indicating a sentence?
They should not indicate a sentence unless it has been sought by the accused They can refuse to indicate a sentence without reasons
37
What are the responsibilities of the defence for indicating a sentence?
The process of seeking a sentence indication should normally be started by the defence
38
What are the responsibilities of the prosecution for indicating a sentence?
They prosecution are obliged to react, rather than initiate the indication process
39
What is the indication of sentence process?
The defence usually make a written application at a PCMH
40
Where a guilty plea has been entered, what are the first two steps that must be made?
Need to ascertain the basis of the facts Need to consider the character of the offender, obtaining pre-sentence reports, and consider mitigation
41
Where the offender pleads guilty, what is the first stage of a sentencing hearing?
The prosecution will summarise the facts of the offence This helps assist the court in sentencing
42
What are the duties of the prosecution in sentencing?
They adopt a neutral attitude at sentencing, not seeking to influence the court in favour of a heavy sentence They can only provide evidence of the impact on the victim of the offence Will assist the court to avoid any appealable errors May prepare a plea and sentence document
43
What is a plea and sentence document?
This is a document prepared by the prosecution in sentencing It identifies any aggravating and mitigating factors of the offence
44
Do victim personal statements assist with sentencing?
Yes, they can used by the court in passing sentence The court will usually consider the psychological harm caused
45
What is the general duty of both counsel's in assisting the court?
They must assist to ensure the court's sentencing powers are appropriate
46
Where there is a dispute in the facts of what happened, which may impact sentencing, what should be done?
The defence may advance a written factual basis of the plea If this is not accepted by the prosecution, a Newton hearing may be held
47
What is a Newton hearing?
Where there is a significant dispute in the facts, this can be resolved in a Newton hearing This will help find an appropriate sentence
48
Where a basis of plea is made, what are three things it must be?
In writing Unequivocal Unambiguous
49
What is the duty of the prosecution where a factual basis is needed for plea?
They are under a duty to alert the court to the need to resolve the issue and make an appropriate sentence
50
What is the function of a Newton Hearing?
To establish a true and proper basis for sentence
51
When will a Newton hearing be unnecessary?
Where the dispute between the prosecution and defence is insignificant or manifestly absurd
52
What is the procedure in a Newton hearing?
The burden of proof is on the prosecution to satisfy the judge beyond reasonable doubt that their version of events is the correct one The parties are then given the opportunity to call evidence and cross-examine witnesses
53
What is the role of the defence in a Newton hearing?
The defence don't have to call evidence, and may simply observe
54
What is the role of the Court in a Newton hearing?
The judge must, as the tribunal of fact, observe the directions which would have been given to the jury for their guidance They must then consider the evidence and decide and resolve the disputes in issue
55
It is a basic principle of sentencing to sentence only for the crimes convicted and nothing else. What are the three exceptions to this rule?
Taking into account a less serious secondary offence which has not been charged (may represent an aggravating feature) If the offender expressly asks for the other offences to be taking into consideration- "wiping the slate clean" If the prosecution case is that the offences convicted are merely samples of a continuing course of conduct and the defence accept that
56
If there are other offences the offender has not been charged with, can they be considered in sentencing?
Yes, if the offender agrees For example, to wipe the slate clean
57
Where an offender has committed a large number of similar offences, but has not been charged with them, can these be used in sentencing?
Yes, as samples of a continuing course of conduct
58
After the prosecution summarises the facts, what reports may the court look at before sentencing?
Pre-sentence reports Medical and psychiatric reports Assessments for community sentence
59
Who are pre-sentence reports on adults made by?
Probation officers
60
Who are pre-sentence reports on under 13s made by?
Local authority social workers
61
Who are pre-sentence reports on 13-16 year olds made by?
Shared between probation service and social services
62
What are the two circumstances where there is an obligation to obtain a pre-sentence report?
Determining whether a custodial sentence should be imposed (unless unnecessary) Before forming an opinion as to the suitability of an offender for various types of sentencing
63
What is the pre-condition of making a hospital order for sentencing?
The court must be satisfied on the evidence of two medical practitioners that the offender is suffering from a mental disorder
64
What is the pre-condition of making a custodial order for an offender who may be mentally disordered?
A report from at least one medical practitioner
65
What is the final stage in the sentencing process?
Defence mitigation The court must give the defence an opportunity to make representations in order to mitigate their sentence
66
What is a plea in mitigation?
Usually a speech by defence counsel to mitigate sentence May also call witnesses to speak to the offender's good character, etc
67
What happens after the defence mitigation?
The judge will pronounce sentence
68
Is a judge under a duty to give reasons for sentence?
Yes Must explain the reasons in non-technical terms Must explain the effect of the sentence, and the consequences for non-compliance
69
What are the circumstances where a sentence may be deferred?
The offender's conduct after conviction Any change in the offender's circumstances
70
What is the maximum period for deferring a sentence?
6 months
71
What does deferment of sentence require?
The offender's consent The court must also be satisfied it is in the interests of justice
72
What is the maximum time for adjournment for sentence in magistrates'?
4 weeks on bail 3 weeks in custody
73
What is the maximum sentence that magistrates may impose for an either-way offence summarily convicted?
6 months imprisonment and/or Fine of any amount
74
Can the maximum sentencing power of magistrates be increase?
For triable either-way offences, the Secretary of State may increase the limit to 12 months
75
Where a magistrates is sentencing for two or more either way offences, what is the maximum aggregate term available?
12 months
76
Where an offender is conviction of criminal damage, what is the maximum sentencing power in magistrates'?
Three months imprisonment OR Level 4 fine
77
What is the limit on compensation orders in magistrates'?
There is no limit
78
What is the maximum duration of a detention and training order for an under 18 by magistrates'?
24 months (12 months custody and 12 months community)
79
If an offender has been convicted of one or more either way offences in magistrates, but feel their sentencing powers are inadequate, what can the magistrates' do?
Commit them to the Crown Court for sentencing
80
What is the function of a victim personal statement?
To ensure the court will consider the victim's evidence about the personal impact of the offence This will assist the judge in sentencing
81
What cannot be discussed in a victim personal statement?
Suggestions or discussions about what the sentence should be
82
If an accused has been sentenced to imprisonment, but it transpires after that they were suffering from psychiatric illness, what should be done?
The judge should re-list the case within 56 days in order to vary the sentence (Slip-up rule)
83
What is the "slip-up" rule?
Where the sentence was wrong due to a change in circumstances Therefore, the judge should re-list the case within 56 days in order to vary the sentence
84
If there is an insignificant dispute over a specific fact, but the accused still accepts they committed the offence, what should the defence advise the accused to plea?
Plead guilty and then ask the court to sentence on the defence version of the events The factual dispute is so insignificant it will not need a Newton hearing or basis
85
Are previous convictions for the same offence taken into account when sentencing?
Yes
86
What must be obtained FIRST before asking for an indication of sentence?
Written authority from the accused before seeking indication
87
What is the maximum time for deferring a sentence?
Max 6 months
88
When will a judge's indication of sentence not be binding?
If the accused changes his plea to not guilty

BTC- Criminal Litigation (25 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions