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2 (PLP; WAE; SA; Land Law; Trusts; CL + CLP) > CLP Sentencing > Flashcards

CLP Sentencing Flashcards

(66 cards)

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1
Q

What do courts refer to when considering sentencing?

A

The Sentencing Act 2020 and the sentencing guidelines published by the Sentencing Council

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1
Q

What are the two types of sentence?

A

Custodial and non-custodial

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2
Q

What are the five statutory purposes of sentencing for adults (s 57 SA 2020)?

A

Punishment
Reduction of crime (including deterrence)
Reform and rehabilitation
Protection of the public
Reparation to victims
(All equally weighted)

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3
Q

What is an exception to the rule that, where a defendant enters a guilty plea, there is no ‘trial’ phase to the process

A

Newton hearing

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4
Q

What is the deferral period for sentence?

A

Six months

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5
Q

When is the ONLY time a deferral period can be extended?

A

Mags’ Court defers sentence –> at the end of the period they commit to the Crown Court for sentence –> CC can then defer for a further six month period

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6
Q

Indications of sentence in the Mags’ Court

A
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7
Q

If a defendant proposes a basis of plea and the court considers the Defendant’s basis of plea and decides that the basis of plea is absurd. What happens next?

A

The court proceeds to sentence the defendant on the prosecution version on the facts.

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8
Q

What happens at a sentencing hearing?

A

a) Prosecution open facts, make
submissions and applications
b) Defence mitigate
c) Judge passes sentence

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9
Q

What is the maximum length of any community order?

A

Three years

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10
Q

What is the threshold for imposing a community order?

A

The court must not make a community order unless it is of the opinion that the offence, or combination of the offence and one or more offences associated with it was serious enough to warrant the making of such an order.

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11
Q

What must the court do to decide the type and length of any sentence?

A

Assess the seriousness of the case by reference to the sentencing guidelines

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12
Q

When does sentencing take place?

A

After a guilty plea or conviction following trial.

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13
Q

What is the difference between maximum sentence for an offence vs. by a court?

A

Statute sets max for offence; court’s powers may be more limited. E.g., Mags’ Court cannot exceed its sentencing limits even if statute allows more.

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14
Q

When is a pre-sentence report required under s 30 SA 2020?

A

Before passing a custodial or community sentence, unless the court considers it unnecessary.

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15
Q

Who prepares pre-sentence reports?

A

Probation Officers. Assess offence, attitude, and suitability for community orders.

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16
Q

What is a Newton hearing?

A

A hearing to determine factual basis for sentence when D pleads guilty but disputes facts that affect sentence.

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17
Q

What happens at a Newton hearing?

A

No jury
P opens case, calls evidence
D may give evidence
Court decides facts beyond reasonable doubt
Sentences on prosecution or defence basis accordingly

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18
Q

What are the four steps to determining sentence?

A

Apply category from sentencing guidelines (culpability/harm)
Adjust for aggravating/mitigating factors
Apply guilty plea discount
Apply totality principle across offences

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19
Q

What is required for a custodial sentence under s 230 SA 2020?

A

The offence (or combination with others) must be so serious that a fine or community order cannot be justified.

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20
Q

What is required for a community order under s 240 SA 2020?

A

Offence (or combined offences) must be serious enough to warrant it.

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21
Q

What must the court do when passing sentence?

A

Explain sentence in plain English
Refer to guidelines used (or why not)
Justify custody threshold
Show guilty plea discount
Set out aggravating/mitigating factors

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22
Q

What is the max sentence reduction for a guilty plea at:
– first stage?
– after first stage?
– day of trial?

A

First stage: 1/3
After first stage: 1/4
Day of trial: 1/10

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23
Q

What reduces the discount available at a Newton hearing?

A

If prosecution proves its case on facts, max reduction is halved. If witnesses are called, reduction may be further reduced.

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24
What is a bind over?
Order to keep the peace for a sum; can be used even after acquittal.
25
Absolute vs conditional discharge?
Absolute: no punishment Conditional: no punishment unless D reoffends within set time (max 3 years)
26
Can a fine be combined with imprisonment?
Not usually – considered undesirable.
27
When can a community order be imposed?
Where offence is imprisonable, offender is over 18, and seriousness threshold is met.
28
What is the max duration of a community order?
3 years (can be extended once by 6 months for breach)
29
What happens on breach of a community order?
1. Warning 2. If repeated, court may: Make order more onerous Fine up to £2,500 Revoke and re-sentence for original offence
30
What is a determinate custodial sentence?
Immediate imprisonment for a fixed period. Sentence may be concurrent or consecutive.
31
What is a suspended sentence?
A custodial sentence that is not activated unless D breaches conditions.
32
Key elements of a suspended sentence?
Custodial term Operational period (6–24 months) Optional supervision period (≤ operational period)
33
Who can suspend what?
Mags: 14 days – 6 months Crown Court: 14 days – 2 years
34
What is the minimum sentence for: – third Class A drugs offence – third domestic burglary
Drugs: 7 years Burglary: 3 years
35
What sequence is required to trigger third-strike sentencing?
Each offence must be committed after a prior conviction (not just prior offence).
36
When can an extended determinate sentence (EDS) be imposed?
For certain violent, sexual, or terrorism offences where D is dangerous.
37
Max extension period for EDS?
Violent: 5 years Sexual/terrorism: 8 years
38
When is a mandatory life sentence imposed?
For murder – court must impose life and fix minimum term (based on Sch 21 starting points: 15, 25, 30 years).
39
What are statutory life sentences?
For dangerous offenders (Sch 19 offences) Or for second listed very serious offence (Sch 15) Court has some discretion unless unjust to impose life
40
When can a defendant ask for a sentence indication in the Magistrates’ Court?
If offence is either-way, jurisdiction accepted, and D is considering a guilty plea.
41
What can Mags’ Court indicate in a sentence indication?
Only whether sentence would be custodial or non-custodial — binding only if D then pleads guilty.
42
When can D seek sentence indication in Crown Court?
Any time before jury verdict (e.g. before PTPH).
43
What must happen before asking for sentence indication in Crown Court?
Prosecution facts accepted or basis of plea agreed D must give clear instructions to counsel Judge has discretion to give indication or not
44
What is the totality principle?
When sentencing for multiple offences, sentence must be just and proportionate as a whole.
45
When are concurrent vs consecutive sentences appropriate?
Same facts → concurrent Different facts/offences → consecutive
46
What is a deferred sentence?
Sentence delayed up to 6 months to allow D to show change or demonstrate offence was a one-off.
47
When can a deferred sentence be extended?
If initially deferred by Mags’ Court and then committed to Crown Court, CC can defer for further 6 months.
48
What does the Sentencing Code (SA 2020) require courts to consider when sentencing?
Offence seriousness (culpability + harm) Aggravating & mitigating factors Assistance to prosecution Guilty plea discount Totality Ancillary orders
49
What are some statutory aggravating factors?
Previous convictions Committing offence on bail Racial/religious/disability/sexual aggravation
50
What are some common mitigating factors?
Good character Mental health issues Remorse Provocation Excessive self-defence
51
What are the prosecutor’s duties at sentencing?
Outline facts Raise prior convictions Request any ancillary orders Refer to sentencing guidelines Present any victim impact statements
52
What are defence duties at sentencing?
Ensure sentence is lawful Submit mitigation consistent with instructions May request pre-sentence report
53
When might other reports (e.g. medical) be required at sentencing?
On court order or defence request If Mental Health Act 1983 sentence considered, two doctors must provide evidence of mental disorder
54
Examples of ancillary orders courts must consider?
Compensation Disqualification Forfeiture Restraining order Prosecution costs Victim surcharge Criminal Courts charge
55
What is an RAR and example programme?
Rehabilitation Activity Requirement (RAR). Example: BBR – Building Better Relationships
56
What happens if D denies breach of a community order?
Court holds a trial to determine if failure occurred without reasonable excuse.
57
What if D admits breach or court finds breach after trial?
Court must deal with breach in one of three ways (Sch 10 SA 2020): Make order more onerous Impose a fine up to £2,500 Revoke order and re-sentence for original offence (taking into account compliance so far)
58
What is the maximum sentence Mags’ Court can impose?
Summary only = 6 months Single either-way = 6 months Two+ either-way = 12 months
59
What are the Crown Court’s powers for imprisonment?
Unlimited, subject to statutory max for each offence.
60
How is time spent on remand before sentence counted?
It is automatically deducted from the sentence.
61
Can time spent on curfew bail count towards sentence?
Yes, only if: Electronic monitoring ≥ 9 hours per day Court expressly states it counts Each day = ½ day in custody, rounded up. Breach days don’t count.
62
When is release possible under EDS?
Parole application at 2/3 point Automatic release at end of custodial term
63
What happens after D serves minimum term for murder?
May apply to Parole Board, who decides release. If released, D is on life licence.
64
What are the extension limits under EDS (ss 254–257 SA 2020)?
Min: 1 year Max: 5 years for specified violent offence 8 years for specified sexual/terrorism offence Must not exceed max sentence for offence
65
In a fraud by failure to disclose case, who decides if a legal duty to disclose exists and what kind of duty it must be?
The judge decides whether a legal duty is capable of existing. Only legal duties qualify — moral duties do not count.

2 (PLP; WAE; SA; Land Law; Trusts; CL + CLP) (18 decks)

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