1.4 Sentencing - hearings II

Question 1

Name the four steps in a sentencing hearing.

Answer 1

1. Basis of sentence.
2. Prosecution opens facts, makes submissions and applications.
3. Defence mitigates.
4. Judge passes sentence.

Question 2

What are the five purposes of adult sentencing?

Answer 2

Section 142(1) Criminal Justice Act 2003

(a) punishment of offenders
(b) reduction of crime (including deterrence)
(c) reform and rehabilitation
(d) protection of the public
(e) making reparation by offenders

Question 3

What is the custody threshold?

Answer 3

Section 152(2) Criminal Justice Act 2003
The court must not pass a custodial sentence unless it is of the opinion that the offence ... was so serious that neither a fine alone nor a community sentence can be justified for the offence.

Question 4

What is the community threshold?

Answer 4

Section 148(1) CJA
A court must not pass a community sentence on an offender unless it is of the opinion that the offence ... was serious enough to warrant such a sentence.

Question 5

On what criteria does the court assess seriousness?

Answer 5

Section 143(1) Criminal Justice Act 2003
In considering the seriousness of any offence, the court must consider the offender's culpability in committing the offence and any harm which the offence caused, was intended to cause or might foreseeably have caused.

Question 6

How should the courts use the Sentencing Guidelines?

Answer 6

As ‘tramlines’ setting upper and lower bounds for sentencing.

Question 7

What are the three categories of seriousness which can be derived from the Sentencing Guidelines?

Answer 7

1. Greater culpability and greater harm;
2. Greater culpability and lesser harm, or greater harm and lesser culpability;
3. Lesser culpability and lesser harm.

Question 8

What are ‘offences taken into consideration’ / TICs?

Answer 8

Where police invite the suspect to ‘clear their conscience’ by admitting further offences. This can lead to a lower sentence than if D is charged for them separately.

Question 9

What four steps must the judge take to determine sentence?

Answer 9

1. Determine the sentencing category;
2. Adjust the starting point according to any mitigating or aggravating factors;
3. Reduce sentence to credit any guilty plea;
4. If multiple offences, ensure that the overall sentence is just and proportionate.

Question 10

What is the test of dangerousness?

Answer 10

Section 229(1) CJA
This section applies where—
(a) a person has been convicted of a specified offence, and
(b) it falls to a court to assess under any of sections 225 to 228 whether there is a significant risk to members of the public of serious harm occasioned by the commission by him of further such offences.

Question 11

What must the court take into account when assessing dangerousness?

Answer 11

Section 229(2)(a) CJA
All such information as is available to it about the nature and circumstances of the offence

Question 12

What may the court take into account when assessing dangerousness?

Answer 12

Section 229(2) CJA
(aa)
all such information as is available to it about the nature and circumstances of any other offences of which the offender has been convicted…
(b)
any such information which is before it about any pattern of behaviour of which any of the offences … forms part
(c)
any information about the offender which is before it

Question 13

What is ‘prevalence’?

Answer 13

The wider effect of the crime on the community

Question 14

What is the general rule on prevalence?

Answer 14

Sentencing Guidelines
Prevalence should not be taken into account in sentencing unless there is evidence from a local Criminal Justice Board or a Community Impact Statement.

Question 15

How much credit does D get for a guilty plea?

Answer 15

1. At first opportunity - max 1/3
2. At PTPH - max 1/4
3. At first day of trial - max 1/10

Question 16

When is the first available opportunity to plead guilty to a summary or either-way charge?

Answer 16

At the first hearing.

Question 17

When is the first available opportunity to plead guilty to an indictable-only charge?

Answer 17

Indicate in the first hearing at the magistrates’ court that you intend to plead guilty. Your defence team can then contact the Crown Court to inform it.

Question 18

What is the totality principle?

Answer 18

The court considers what is just and proportionate based on all the charges on the indictment.

Concurrent sentences for offences arising out of the same facts.

Consecutive sentences for offences arising out of different facts.

Question 19

How long can sentence be deferred?

Answer 19

Section 1(1) PCC(S)A
Sentence can be deferred for up to 6 months.

[??]
The Crown Court has the option to extend a further 6 months.

Question 20

Why might the court defer sentence?

Answer 20

Section 1(1) PCC(S)A
So that in passing sentence the court can have regard to
(a)
D’s conduct after conviction including any reparation
(b)
any change in D’s circumstances

Question 21

What are the three conditions of deferring sentence?

Answer 21

Section 1(3) PCC(S)A
(a)
D must consent
(b)
D must undertake to comply with any requirements imposed by the court (e.g., drug rehabilitation)
(c)
the court must be satisfied that it is in the interests of justice to defer sentence