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Criminal Practice > Sentencing > Flashcards

Sentencing Flashcards

1
Q

When does sentencing occur?

A

Guilty plea or found not guilty

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2
Q

Which courts are courts of first instance with sentencing powers?

A
  • magistrates
  • youth
  • crown
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3
Q

Can a summary only offence be sentenced in the crown court?

A

No

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4
Q

Can an indictable offence be sentenced in the magistrates court?

A

No

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5
Q

Can a guilty plea for an either way offence be tried in the magistrates court?

A

Yes but can commit to crown court for sentencing

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6
Q

Can a not guilty plea for an either way offence be tried in the magistrates court?

A

Yes but can commit to crown court for sentencing

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7
Q

Can a not guilty plea for an either way offence which is sent to the crown court for trial be sentenced in the magistrates court?

A

No

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8
Q

What is the process for a newton hearing where the prosecution accepts the defendant’s basis?

A
  1. D drafts written basis of plea
  2. Prosecution decides not acceptable
  3. Does judge think basis absurd?
    * If yes = sentence on P basis
    * If no…
  4. Will it make a material difference to sentencing?
    * If no = sentence on D basis
    * If yes…
    Newton hearing
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9
Q

What is the process for a newton hearing where the prosecution does not accept the defendant’s basis?

A
  1. D drafts written basis of plea
  2. Prosecution decides acceptable
  3. Does judge accept the basis?
    * If yes = sentence on D basis
    * If no…
    Newton hearing
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10
Q

Will there be a jury at a newton hearing?

A

No

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11
Q

What does the court decide in a newton hearing?

A

Whether prosecution has proved version of facts beyond reasonable doubt

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12
Q

What is the consequence where the court decides to sentence a defendant on the prosecution basis in a newton hearing?

A

Defendant loses some credit for guilty plea

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13
Q

What sentences are likely to be given where there is more than one offence arising out of the same facts?

A

Concurrent

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14
Q

What sentences are likely to be given where there is more than one offence arising out of different facts?

A

Consecutive

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15
Q

How long can a court defer a sentence?

A

up to 6 months

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16
Q

When can a defendant ask for an indication of sentence at the magistrates court?

A

Either way offence and magistrates court accepted jurisdiction

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17
Q

What can the defendant ask regarding indication of sentence at the magistrates court?

A

indication of sentence if remaining in magistrates and pleading guilty

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18
Q

Does the magistrates court have to give an indication of sentence?

A

No

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19
Q

What will the indication of sentence be if the magistrates decide to give one?

A

Custodial or non custodial

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20
Q

Will a magistrates indication of sentence be binding?

A

Yes if D pleads guilty

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21
Q

When can a defendant ask for an indication of sentence at the crown court?

A

Before Pre trial preparation hearing or
any stage before jury returns verdict

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22
Q

What must the defendant do in order to ask for an indication of sentence at the crown court?

A
  • Either accept P facts or written basis of plea agreed by parties and court
  • Give clear instructions to counsel that D wishes to ask for an advance indication
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23
Q

What are the factors in the courts deciding the seriousness of an offence for sentencing purposes?

A
  • cuplability
  • harm
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24
Q

What is the threshold for passing a custodial sentence?

A

only if so serious that fine/community sentence cant be justified

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25
Q

What is the threshold for passing a community sentence?

A

Only if serious enough to warrant making order

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26
Q

When will the courts not have to follow sentencing guidelines?

A

Contrary to interests of justice

27
Q

What must the court obtain before passing a custodial/community order?

A

Pre-sentence report

28
Q

How much credit for a guilty plea can be achieved?

A
  • Guilty plea at first stage of proceedings = max 1/3
  • Guilty plea after first stage of proceedings = max 1/4
  • Guilty plea on day of trial = max 1/10
29
Q

What are the non custodial sentences?

A
  • bind over
  • absolute discharge
  • conditional discharge
  • fine
  • community order
30
Q

What makes binding over different to other sentences?

A

Can be imposed instead of entering guilty plea or being tried
Can be imposed following acquittal or on a witness

31
Q

What is binding over?

A

Bound over to ‘keep the peace’ for sum of money that they forfeit if fail to do so

32
Q

What is a conditional discharge?

A

If commits another offence during specified period, can be re-sentenced for original and new offence

33
Q

What is the maximium specified period for a conditional discharge?

A

3 years

34
Q

What can a fine not be imposed alongside?

A

hospital order
discharge

35
Q

When can a community order be given?

A
  • over 18
  • punishable with imprisonment
36
Q

What is the maximum length of a community order?

A

3 years

37
Q

What must a community order not conflict with

A

religious beliefs
time of work/education

38
Q

When will breach of community order proceedings be instituted?

A

After second failure to comply without reasonable excuse

39
Q

What are the courts options in breach of community order proceedings?

A
  • Amend order to make it more onerous
  • Fine up to £2,500 or
  • Revoke community order and re-sentence
40
Q

How long can a court extend a community order?

A

up to 6 months beyond 3 year limit

41
Q

What may happen where a defendant wilfully and persistently fails to comply with a community order?

A

can impose custodial up to 6 months even if offence not imprisonable

42
Q

What are the custodial sentences?

A
  • Determinate custodial
  • Suspended
  • Minimum for third domestic burglary/third class A drugs
  • Extended determinate
  • Mandatory life – murder
  • Statutory life
43
Q

What period must a custodial sentence be for?

A

Must be shortest possible period to reflect purpose of sentence

44
Q

What is a determinate custodial sentence?

A

Immediate imprisonment for defined period of time

45
Q

How does remand count towards a determinate custodial sentence?

A

Automatically

46
Q

How does bail under curfew count towards a determinate custodial sentence?

A

If curfew for at least 9 hours
Court must state that curfew counts

47
Q

How long can a sentence be suspended by the magistrates court?

A

Between 14 days and 6 months

48
Q

How long can a sentence be suspended by the crown court?

A

Between 14 days and 2 years

49
Q

What are the three elements of a suspended sentence?

A
  • custodial term
  • operational period
  • supervision period
50
Q

How long can a supervision period be?

A

between 6 months and 2 years and equal/shorter than operational period

51
Q

Who can impose the minimum third class A sentence/third domestic burglary?

A

Crown court

52
Q

What is the minimum sentence for a third class A offence

A

7 years

53
Q

How can a sentence for third class A offence be reduced where the defendant pleads guilty at the first opportunity?

A

Final sentence must be at least 80% of 7 years

54
Q

What is the minimum sentence for third domestic burglary?

A

3 years

55
Q

Can multiple commissions of burglary which are sentenced together count towards multiple convictions for a third domestic burglary

A

No - combined sentence counts as 1

56
Q

Is the period of custody extended in an extended determinate sentence?

A

No - licence period is extended

57
Q

What are the requirements for the licence period of an extended determinate sentence?

A
  • At least one year and
  • Not exceed
    o 5 years where specified violent offence
    o 8 years where specified sexual offence/terrorism offence
58
Q

When will an offender be eligible to apply for parole during an extended custodial term?

A

2/3 of custodial term

59
Q

What sentence must be passed for murder?

A

Mandatory life

60
Q

What happens on the expiry of a mandatory life sentence?

A

Defendant can apply for release to parole board

61
Q

What sentence is given for the most serious cases of murder?

A

Whole life order

62
Q

What are the starting points for a mandatory life order?

A

30 years, 25 years and 15 years

63
Q

What happens to a defendant who is released after a mandatory life order?

A

Remain on licence for life

64
Q

which offenders will be given a statutory life sentence?

A

Dangerous or convicted of second very serious offence

Criminal Practice (22 decks)

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