Sentencing Practice

• Considerations for the court
  • offence
  • background
  • sentencing aims
• Situation if D pleads guilty-relevance of Newton Hearing
• If plead guilty, Prosecution gives material facts ot Magistrates of Judge.
• If D pleads guilty by disputes the facts, there is a Newton Hearing where prosecution and defence present their version of facts

• S143(1) Criminal Justice Act 2003-how serious?
• Aggravating factors
  • previous convictions for offences of a similar nature or relevant to the present offence
  • the fact that D was on bail when he committed the offence
  • racial ot religious hostility being involved
  • hostility to disability or sexual orientation
• Other relevant factors
  • value of what was taken (theft)
  • situation of victim (mental state etc)
  • vulnerability of victim
  • member of gang and part within it
  • mitigating factors e.g. remorse

• Timing is important
• Stage in proceedings
• Sentencing Guidelines COuncil-reasons for allowing discount in sentencing
• Shortens time between charge and sentence
• Saves cost and victims giving evidence

First reasonable opportunity               After trial set               Door of Court of after trial has begun 1/3                                                            1/4                                          Up to 1/10

Only 20% if evidence of guilt is overwhelming

• Previous convictions
  • if committed same kind of offence as before, more likely to get harsher sentence
  • getting more serious crimes from person (offending behaviour getting more serious)
• Bail
• Past record will also determine whether he has to recieve a min sentence or an automatic life sentence for certain offences (sexual offences)

• Prepared by:
  • Probation service
• Custodial Sentence-ask for a report
• Community sentence-pre-sentence report- what condition would be appropriate and if they would respond
• Medical reports-if D suffering a medical/psychiatric conditions
• Financial reports-if being fired

• CJA 2003
• In setting guidelines must consider
• Consistency
• Current sentencing practice
• Cost and relative effectiveness
• Public confidence
• Responsibility for:
  • developing sentencing guidelines and monitoring their use
  • assessing impact of guidelines on sentencing practice
  • promoting awareness amongst the public regarding realities of sentencing and publishing information regarding sentencing practice in magistrates and Crown Courts