3): The Law, Procedure and Processes Involved in Magistrates' Court and Crown Court Trials Including Sentencing and Appeals

Question 1

What is the role of sentencing guidelines?

Answer 1

Ensure consistent sentencing across courts in England and Wales

Courts must follow guidelines unless contrary to the interests of justice

Provide guidance on harm and culpability levels

Available for most Magistrates’ and Crown Court offences

Used alongside overarching principles if no offence-specific guideline exists

Question 2

What are the five purposes of sentencing under the Sentencing Code?

Answer 2

To punish the offender (e.g. prison, fine)

To reduce crime (deterrence)
To reform and rehabilitate offenders (e.g. treatment)

To protect the public

To make the offender give something back (e.g. compensation)

Question 3

What must the court do before forming a sentencing opinion?

Answer 3

Obtain and consider a pre-sentence report

Question 4

Under s.63 Sentencing Act 2020, what two factors determine seriousness?

Answer 4

Culpability: Blameworthiness of the offender

Harm: Harm caused, intended or foreseeable

Question 5

What are the levels of culpability?

Answer 5

Deliberate (intentional act)

Reckless (disregarding foreseeable risk)

Negligent (failing to act)

Low/No culpability (none of the above features)

Question 6

What are indicators of high and low culpability?

Answer 6

High: Sophistication, planning, significant role

Low: Minor role, little or no planning

Question 7

What are the levels of harm in sentencing?

Answer 7

Very serious harm to
individuals or public

Serious harm or high risk of it

Significant harm or risk

Low/No harm

Question 8

What should not influence initial harm/culpability assessment?

Answer 8

Plea

Previous convictions

Question 9

What are the statutory aggravating factors that increase seriousness?

Answer 9

Previous convictions:

a) Nature & relevance to current offence

b) Time elapsed since conviction

Offence committed while on bail

Hostility based on victim’s:
Race, religion, disability, sexual orientation, or transgender identity

Offence against an emergency worker acting in duty

Question 10

What are non-statutory aggravating factors (non-exhaustive)?

Answer 10

Under influence of alcohol or drugs

Part of a group

Use or threat of weapon

Planned offence

Financial gain motive

Abuse of trust or dominant position

Restraint, degradation of victim

Victim was vulnerable or performing public duty

In presence of others/children
Attempts to cover up evidence

Blame wrongly placed on others

On licence or court order

Offence in custody, domestic or terrorist context

Question 11

What are the mitigating factors that reduce seriousness?

Answer 11

No/relevant recent convictions

Good character, remorse, self-reporting

Cooperation, early admissions
Little/no planning or lesser role

Coerced or exploited

Limited understanding or awareness

Little/no financial gain

Originally legitimate activity

Age/lack of maturity

Sole/primary carer

Physical/mental health issues

Steps taken to address behaviour (e.g. addiction)

Question 12

When are concurrent vs consecutive sentences imposed?

Answer 12

Concurrent (served at same time): offences from same incident or facts

Consecutive (served one after another): unrelated incidents or overall seriousness requires

Question 13

What approach should courts take to concurrent/consecutive sentencing?

Answer 13

Consider sentence for each offence using relevant guidelines

Decide if concurrent/consecutive is appropriate

Ensure total sentence is just and proportionate

Clearly explain reasoning

Question 14

What is mitigation in sentencing?

Answer 14

Defence advocate seeks leniency by raising mitigating factors

Court considers:

s.73 Sentencing Code

Guilty plea reduction guideline

Question 15

What are the reductions for a guilty plea?

Answer 15

At 1st stage of proceedings: up to 1/3 reduction

After 1st stage: up to 1/4 reduction (sliding scale after that)

1st stage = first hearing where plea is sought & recorded

Question 16

How else can a guilty plea reduce sentence?

Answer 16

Imposing a lesser type of sentence:

Custodial → community

Community → fine

Question 17

When can a custodial sentence be imposed under s.230 Sentencing Act 2020?

Answer 17

Only if:

The offence (or combination of offences) is so serious that:

A fine or community order is not justified.

Custody threshold met.

Mandatory minimum sentences override this discretion.

Question 18

What must the court consider when imposing a custodial sentence?

Answer 18

Shortest term commensurate with the offence’s seriousness (s.231).

Starting point from legislation and relevant factors.

Separate sentences for each count: may be concurrent or consecutive.

Magistrates: max 6 months (or 12 months for two either-way offences).

Crown Court: may impose maximum sentence allowed by law.

Question 19

What are suspended sentences and when can they be imposed?

Answer 19

Sentence not immediately served.

1. Can be imposed only if:

Custody threshold is passed.

Sentence is 14 days–2 years (max 6 months in Magistrates’ Court).

2. Suspension period: up to 2 years.
3. Offender must not reoffend and comply with requirements.

Question 20

What happens if a suspended sentence is breached?

Answer 20

Presumption that sentence will be “activated” unless unjust.

Court may:

Impose more onerous requirements.

Extend the operational period.

Impose a fine.

Question 21

What is a community order and when is it used?

Answer 21

Suitable when custody not justified, but punishment required.

Not available for non-imprisonable offences.

Must include at least one requirement.

Pre-sentence report usually required.

Question 22

What are examples of community order requirements?

Answer 22

Unpaid work

Curfew

Supervision

Mental health treatment

Alcohol/drug treatment

Residence

Prohibiting activities

Question 23

What is a Newton hearing and when is it held?

Answer 23

When D pleads guilty but disagrees with prosecution’s version of facts.

Court resolves dispute before sentencing.

Judge/magistrates decide facts based on evidence.

Question 24

What is the burden of proof in a Newton hearing?

Answer 24

On prosecution: must prove facts beyond reasonable doubt.

Question 25

What risks does a defendant face in an unsuccessful Newton hearing?

Answer 25

May be sentenced on more serious version of facts. Loss of credit for guilty plea.

Question 26

What are the two routes of appeal from the Magistrates’ Court for a defendant?

Answer 26

1. Appeal to the Crown Court: No leave required if appeal made within 15 days of sentence/date sentence deferred Crown Court may confirm, reverse, or vary the decision Sentence may be increased or decreased 2. Appeal to the High Court by way of case stated (error of law/jurisdiction): Either party may appeal Must be made in writing within 21 days of the decision Magistrates’ clerk drafts the statement of case High Court hearing is limited to points of law based on agreed facts Further appeal to the Supreme Court is possible (with leave)

Question 27

What are the powers of the Crown Court on appeal from the Magistrates’ Court?

Answer 27

Confirm, vary, or reverse the conviction or sentence Impose a harsher or more lenient sentence

Question 28

Who can appeal from the Crown Court and on what grounds?

Answer 28

A person convicted on indictment may appeal to the Court of Appeal against conviction/sentence Two routes: Certificate from the trial judge that case is fit for appeal Leave from the Court of Appeal

Question 29

What is the deadline to apply for leave to appeal from the Crown Court?

Answer 29

28 days from the date of conviction or sentence

Question 30

What is the procedure for seeking leave to appeal to the Court of Appeal?

Answer 30

Application reviewed by a single judge Judge may grant/refuse without a hearing If granted, the case goes to full Court of Appeal

Question 31

What powers does the Court of Appeal have upon allowing an appeal?

Answer 31

Quash conviction and substitute acquittal Allow appeal in relation to part of the indictment Substitute the verdict Quash conviction if offence unknown to law Order retrial if in the interest of justice

Question 32

What is the Youth Court and who does it deal with?

Answer 32

It's a section of the Magistrates’ Court Deals with defendants under 18 'Children' = 10–13 years; 'Young persons/offenders' = 14–17 years Heard by specially trained magistrates

Question 33

When can youths be sent to the Crown Court?

Answer 33

For exceptionally grave crimes (e.g. homicide, firearms) If aged 10–17 and crime passes the custodial threshold

Question 34

What is the default presumption regarding venue for a youth case?

Answer 34

Presumed to be tried in the Youth Court Adult Magistrates’ Court can allocate the case elsewhere if: Youth has adult co-defendant Serious offence (s.51A(3), Crime and Disorder Act 1988)

Question 35

When may a youth be sent to the Crown Court with an adult co-defendant?

Answer 35

If in the interests of justice, e.g.: Separate trials would cause injustice Wide age gap or maturity difference Youth has no prior convictions Youth played a minor role

Question 36

What is the main aim of the youth justice system?

Answer 36

Prevention of offending Promoting welfare and education Best interests of the child always primary

Question 37

What is a Referral Order and when is it used?

Answer 37

Used when child pleads guilty Referred to Youth Offender Panel Panel agrees contract with child Duration: 3–12 months

Question 38

What are Detention and Training Orders?

Answer 38

Custodial sentence for 12–17-year-olds Length: 4–24 months First half in custody, second half under Youth Offending Team supervision Breach of supervision = custody for up to 3 months

Question 39

When can 12–14-year-olds receive Detention and Training Orders?

Answer 39

Only if: Persistent offender, and Pre-sentence report recommends custody

Question 40

When can a youth be remanded to youth detention instead of local authority accommodation?

Answer 40

Aged 12–17 Has legal representation Conditions: Violent/sexual offence with likely custody Persistent absconding while previously remanded Recent history of serious imprisonable offences while on bail

Question 41

What is a Youth Rehabilitation Order (YRO)?

Answer 41

A community sentence for children Tailored to individual needs, risk of harm, and risk of reoffending Can include various requirements Duration: 6 months to 3 years

Question 42

How many types of YRO requirements are there?

Answer 42

15 types of possible requirements

Question 43

What are examples of YRO requirements?

Answer 43

Activity requirement ▸ Max 90 days Supervision requirement Unpaid work (16–17 year olds only) ▸ 40–240 hours Programme requirement Attendance centre requirement ▸ Max 12 hours (ages 10–13) ▸ 12–24 hours (ages 14–15) ▸ 12–36 hours (ages 16–17) Prohibited activity requirement Curfew requirement ▸ Max 12 months ▸ Between 2–16 hours per day Exclusion requirement ▸ Max 3 months Residence requirement (16–17 only) Local authority residence requirement ▸ Max 6 months ▸ Not beyond age 18 Mental health treatment requirement Drug treatment requirement Drug testing requirement ▸ Ages 14–17 only Intoxicating substance treatment requirement Education requirement