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2023 > Criminal Practice - Brief Remaining Chapters > Flashcards

Criminal Practice - Brief Remaining Chapters Flashcards

1
Q

Sentencing - Seriousness

What 2 things does the court consider in determining seriousness?

A

a. Offender Culpability
b. Harm caused/intended to be caused/foreseeably have caused

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2
Q

Sentencing - Seriousness

What 4 levels of culpability are there?

A
  1. Intention to cause harm
  2. Recklessness as to harm
  3. Knowledge of risk of harm.
  4. Negligence
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3
Q

Sentencing - Seriousness - Aggravating Factors

What are the four situations in which the court is obliged to treat an offence more seriously?

A

(a) Previous convictions
(b) Offence was commited on bail
(c) Racial/religious aggravation
(D) Hostility based on sexual orientation or disability

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4
Q

Sentencing - Seriousness

What are some other potential aggravating factors the court may consider?

A
  • planning/premeditation
  • group/gang membership
  • targeting vulnerable groups
  • drink/drugs
  • use of weapon
  • violence/damage beyond that required for offence
  • position of trust
  • offence against those working in public sector
  • value of property for property offence
  • failure to respond to previous sentences
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5
Q

Sentencing - Seriousness

What are 7 mitigating factors?

A
  • acted on impulse
  • greater degree of provocation than expected
  • particularly young or old
  • minor role in offence
  • genuine fear
  • attempted to make reparation with victim.
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6
Q

Sentencing - Seriousness

When is there a reduction in sentence of one-third for a guilty plea?

A
  • At first hearing in Magistrates’
  • Indication at Magistrates’ for indictment-only, followed by guilty plea at Crown Court.
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7
Q

Sentencing - Seriousness

  1. When is there a 1/4 reduction on sentence for a guilty plea?
  2. When is it 1/10?
  3. When is it possibly zero reduction?
A
  1. After the first stage of proceedings
  2. On first day of trial
  3. During trial
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8
Q

Sentencing - Totality

What is the totality principle?

A

The court takes into account associated offences.

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9
Q

Sentencing Guidelines

What are the 8 steps given in the Sentencing Guidelines?

A
  1. Determining offence category (level of harm and culpability)
  2. Starting point and category range (aggravating and mitigating factors)
  3. Factors indicating a reduction of sentence
  4. Reduction for guilty plea
  5. Extended sentence
  6. Totality
  7. Compensation
  8. Reasons
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10
Q

Sentencing

What are five types of sentences?

A
  • custody
  • suspended sentence
  • community sentence
  • fine
  • discharge
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11
Q

Custodial Sentence

What is the threshold test used to determine whether or not to pass a custodial sentence?

A

The court must not pass a custodial sentence unless it is of the opinion that the offence (or a combination of the offence and one or more offences associated) was so serious that neither a fine nor community sentence is justified.

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12
Q

Custodial sentence

If the custodial threshold is passed, is it automatically applied?

When is the custodial threshold disapplied?

A

No. A guilty plea or strong mitigation may make a non-custodial more appropriate.

When an offender fails to express willingness to partake in community sentence.

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13
Q

Custodial sentence

A custodial sentence must be for the ____ term that is commensurate with the seriousness of offence.

What is the maximum custodial sentence a magistrate can impose for a summary only offence? What about an either-way?

A

Shortest.
6 months; 12 months.

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14
Q

Suspended sentence

When can a suspended sentence be imposed?

How long can the suspension (the operational period) be?

During the suspended sentence, what two things trigger the sentence of imprisonment?

A

When a custodial sentence of minimum 14 days and maximum 2 years (or 1 year for magistrates) is imposed.

Operational period: 0.5 - 2 years.

  • defendant fails to comply with requirements imposed.
  • defendant commits an offence during operational period and the court sentencing the new offence orders the original sentence of imprisonment to take effect.
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15
Q

Custodial sentence

A court dealing with a defendant who breached a suspended sentence must: (4 options)

Which of these are required unless unjust to do so?

A

(a) order original custodial sentence to take effect immediately;
(b) order original custodial sentence to take effect, but for a shorter period
(c) amend original order and impose more onerous community requirements;
(d) amend original order by extending operational or supervision period.

(a) and (b)

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16
Q

Sentencing - Generic Community Order

The court must not make such an order unless…

A

the offence/combination of offences is serious enough to warrant it.

17
Q

Sentencing Guidelines

In determining the offence category, what are:
Category 1
Category 2
Category 3

A

Category 1 - Greater harm + Enhanced culpability
Category 2 - Greater harm or Enhanced culpability
Category 3 - Lesser harm and Lower culpability

18
Q

Sentencing - Generic Community Order - Breach of community sentence

The first thing that will happen when a defendant, without reasonable excuse, breaches a community order is that the defendant…

If within the following 12 months, the defendant again fails without reasonable excuse to comply with the order, the officer will…

If the court is satisifed that the defendant has, without reasonable excuse, failed to comply with the order, the court must do one of three things:

A

…receives a warning from the Probation Service.
…report the matter to court.

  1. Amend order and impose more onerous requirements.
  2. Revoke order completely and re-sentence without taking into account the custody threshold.
  3. Where D wilfully and persistently failed to comply with order, revoke order and impose a custodial sentence, even if original offence wasn’t punishable by custodial sentence.
18
Q

Sentencing - Generic Community Order - Further offences

Where defendant is convicted of a further offence during generic community order, the magistrates can allow the generic community order to continue, or it is ____ to do so, they may do one of two things:

A

…in the interests of justice.
(a) Revoke order
(b) Revoke order and resentence for original offence as if they have just been convicted of it.

19
Q

Sentencing - Newton Hearing

If the defendant pleads guilty, disputes the specific factual version of events put forward by the CPS and the disputes concerns the sentence, what must the Court do?

A

Either accept defendant’s version or call a Newton Hearing.

20
Q

Appeals

In the book.

A
21
Q

Youth Court

When is the attendance of the youth’s parents/guardian required?
When is this at the discretion of the court?

A

Juvenile under 16, unless unreasonable to require.
Juvenile aged 16 or 17.

22
Q

Youth Court

Apart from the district judge/youth justices and the juvenile/their parents, which five categories of people are allowed to attend a youth court hearing?

A
  • CPS representative
  • Juvenile’s solicitor
  • YOT representative
  • Court staff
  • Members of the press
23
Q

Youth Court

What three things are the press restricted from reporting?
Do these restrictions apply when the juvenile reaches 18?

Is the Court ever allowed to lift these restrictions?

A
  • Juvenile’s name
  • Juvenile’s address.
  • Any other details likely to lead to juvenil’s identification.

No.

Yes, if it is in the public interest.

24
Q

Youth Court

What age are “children” and what age are juveniles in the court?

What is a persistent youth offender (PYO)? PYOs will have their cases…

A

10-13; 14-17.

Juvenile sentenced on 3 separate occasions for recordable offences (an offence for which the juvenile may receive a custodial sentence. …expedited.

25
Q

Youth Court: Mode of trial

(1) What two types of cases must be sent to the Crown Court?

(2) What three types of cases may be sent to Crown?

(3) What type of case must be sent to the Magistrates?

A

(1) Must be sent to Crown
- Homicide
- Firearms offence by juvenile 16 or over.

(2) May be sent to Crown
- Grave crimes
- Specified offences committed by a dangerous offender.
- Jointly charged with adult whose case is dealt with in Crown.

(3) Jointly charged with adult whose case is dealt with in the magistrates’ court.

26
Q

Youth Court: Mode of trial - may be sent to Crown

(1) What is a grave crime? Give 4 examples.
(2) What is a specified offence?
(3) When is a defendant considered a dangerous offender?
(4) For all of these cases, the juvenile will be asked to indicate their plea. If they indicate a guilty plea, the youth court will either sentence or send to Crown, where they believe their sentencing powers are inadequate, in other words, the juvenile will receive:
(5) If juvenile indicates not guilty plea, and the youth court accepts jurisdiction, does the juvenile have a right to elect the Crown Court?

A

(1)An offence for which an offender aged 21 or over may receive custodial sentence of 14 years or more. Robbery, GBH with intent, rape, assault by penetration.
(2) Offence of violence or sexual offence.
(3) Where automatic life imprisonment, discretionary life imprisonment or extended sentence is appropriate.
(4) Detention and training order in excess of 24 months.
(5) No.

27
Q

Youth Court: Bail

In relation to bail, the youth court has the power to remand the juvenile: (3 types)

A
  • on bail
  • into local authority accommodation/youth detention
  • into custody (only if juvenile is 17)
28
Q

Youth Court: Bail

Instead of local authority accommodation, the juvenile may be remanded to…

Which age group must be remanded on bail or local authority accom?

What are the four conditions for remand to youth detention accommodation to take place?

  1. Age range.
  2. Usually required
  3. Offence is one of two types. Alternatively,
  4. Court must believe this is necessary either to (two reasons)
A

youth detention accommodation.
10-11 year olds.
1. Juvenile 12 - 17.
2. Juvenile has legal representation (usually required)
3. Offence is:
- violent or sexual offence; or
- one for which an adult could be punished with 14 years imprisonment; or
- Alternatively, juvenile has a history of absconding, or recent history of committing imprisonable offences whle on bail/remanded.

  1. Protect public from death or serious injury
  2. Prevent commission of further imprisonable offences.
29
Q

Youth Court Sentencing

Book

A
30
Q

Youth Court: Types of sentences - Referral Orders

(1) A referral order means the juvenile will be referred to a:
(2) At the meeting, the panel will speak to the juvenile and their family with a view to doing three things:

(3) The panel will agree with the juvenile on a “youth offender contract”. This is a programme of behaviour designed to prevent reoffender and will last… Does the youth court have involvement in determining the terms of the contract?

(4) A referral order must be made for a juvenile who pleads____ and who has never…. unless the court is proposing either:

(5) If the juvenile pleads ____ then a referral order cannot be made.
If the juvenile has entered a mixed plea, does the court have a power or obligation to make a referral order?

A

(1) Youth offender panel.
(2) The panel will speak to the juvenile with a view to:
- Stop further offending;
- Help juvenile right the wrong to the victim; and
- help juvenile with any problems they have.

(3) …between 3-12 months. No.

(4) Guilty, previously been convicted; to impose a custodial sentence, or to make an absolute discharge.
(5) …not guilty. Power.

31
Q

Youth Court: Youth Rehabilitation Order

This is equivalent to the ____ for adult offenders.

A

Generic Community Order.

32
Q

Youth Court: Detention and Training Orders

This is the only type of ____ that the youth court can impose.
It may not be imposed unless the offence… Additionally, the Court must consider whether a YRO with intensive supervision and surveillance is appropriate and state the reasons why such a YRO is inappropriate.

Detention and Training Orders may not be imposed on…
If between the age of 12-14 inclusive, an order may only be made if the court considers that the juvenile is…
For those aged 15 or over, there is no restriction on making such an order.

What is the maximum period that the order can impose?

The juvenile will be held in detention in a ____ for one half of the period of the order. For the second half, they are released on supervision of the…

A

Custodial sentence.
is so serious that neither a fine nor community sentence is justified and

…10-11 year olds.
…a persistent young offender.

24 months.

Young Offender’s Institution; YOT.

33
Q

Appeals

As the youth court is a type of magistrates’ court, the juvenile has…

A

…the same rights of appeal as a defendant convicted/sentenced in the adult magistrates’ court.

2023 (23 decks)

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