sentencing Flashcards
what is the sentencing code?
The ‘Sentencing Code’ is a consolidation of existing sentencing procedure law. It brings together over 50 pieces of primary legislation relating to sentencing procedure into one single Sentencing Act 2020 (‘SA 2020’).
Parts 2 to 13 of the SA 2020 make up a code called the ‘Sentencing Code’ (the ‘Code’).
Unless referring specifically to sections 1 or 2 of the SA 2020, it is acceptable to refer to either the SA 2020 or the Code.
As well as the Code, courts also refer to sentencing guidelines published by the Sentencing Council.
When must Newton hearings be held?
Where a defendant pleads guilty on a basis that will make a MATERIAL DIFFERENCE to sentence, the court must hold a Newton hearing to decide the factual basis upon which it should pass sentence (R v Newton).
what must the court decide as the conclusion of the hearing
whether the prosecution has proved its version of the facts beyond reasonable doubt. If it has the defendant will be sentenced on the prosecutions version of the facts. If it has failed, the defendant will be sentences on the defences version of the facts
what are the consequences of a Newton hearing?
if the prosecution are able to prove their case beyond reasonable doubt then the defendant loses some of the credit they receive for pleading guilty- normally halved
indication of sentence MC
Once MC has accepted jurisdiction, D is entitles to ask for an indication of what their sentence will be if they were to remain in MC and plead guilty.
Court does not have to give an indication, but if it does, it can only say if it will be custodial or non-custodial.
Indication is binding if D pleads guilty.
Crown court- good year indication
D can ask for an indication of the sentence either before the PTPD or at any state of the proceedings before the jury return their verdict
before asking for an indication D must:
a) Either accept the prosecution facts or a written basis of plea must be agreed by the parties and the court
b) Give clear instructions to their counsel that D wishes to ask for an advance indication of sentence.
Crown court- good year indication
D can ask for an indication of the sentence either before the PTPD or at any state of the proceedings before the jury return their verdict
before asking for an indication D must:
a) Either accept the prosecution facts or a written basis of plea must be agreed by the parties and the court
b) Give clear instructions to their counsel that D wishes to ask for an advance indication of sentence.
what must be considered for sentencing s63 SA 2020
Where a court is considering the seriousness of any offence, it must consider:
(a) the offender’s culpability in committing the offence, and
(b) any harm which the offence (i) caused, (ii) was intended to cause, or (iii) might foreseeably have caused.
Consequence of pleading guilt at the first stage of the pleading, after first stage, and on the day of trial
first stage of proceedings- max 1/3 reduction
After first stage of proceedings- Max 1/4 reduction
on the day of the trail- Max 1/10 reduction
