factors Flashcards
(16 cards)
What does the Criminal Justice Act 2003 and the Sentencing Council Guidelines provide?
A list of potential aggravating and mitigating factors that the courts should take into account when sentencing an offender.
What may the court order to be prepared before sentencing?
A Pre-sentence Report by the Probation Service.
What is the effect of aggravating factors on a sentence?
They make a crime more serious and may increase the severity of the sentence.
Give an example of an aggravating factor.
Previous convictions.
What is a second example of an aggravating factor?
Committing the offence whilst on bail.
What is a third example of an aggravating factor?
Operating as part of a gang.
What type of victim can be deliberately targeted as an aggravating factor?
A vulnerable victim such as the elderly or children.
What is one way a perpetrator can demonstrate hostility that qualifies as an aggravating factor?
Motivated by or demonstrating hostility towards a person with protected characteristics under the Equality Act 2010.
What is the effect of mitigating factors on a sentence?
They make a crime less serious and may decrease the severity of the sentence.
Give an example of a mitigating factor.
Showing genuine remorse.
What is another mitigating factor related to the offender’s role?
Playing a minor part in the crime.
What is a mitigating factor related to the offender’s history?
A first-time offence.
What action by the offender can be a mitigating factor regarding cooperation?
Co-operating with the police.
Fill in the blank: An admission of guilt at the earliest opportunity can reduce the sentence by up to _______.
one third.
What happens to the reduction in sentence for an admission of guilt as the trial gets closer?
It reduces.
What personal circumstances may be considered as a mitigating factor?
Serious illness.
