Sentencing Flashcards
(109 cards)
1
Q
What is the first step in the criminal justice process?
A
A person being arrested and brought before the magistrates’ court
2
Q
What happens if a defendant pleads guilty?
A
The court moves to sentence
3
Q
What occurs if a defendant pleads not guilty?
A
There is a trial and the court comes to a verdict
4
Q
What can a person who is sentenced following a guilty plea or verdict do?
A
They may appeal
5
Q
What is the ‘Sentencing Code’?
A
A consolidation of existing sentencing procedure law into the Sentencing Act 2020
6
Q
How many parts make up the Sentencing Code?
A
Parts 2 to 13 of the SA 2020
7
Q
What do courts refer to in addition to the Sentencing Code?
A
Sentencing guidelines published by the Sentencing Council
8
Q
What are the two main categories of sentences?
A
- Custodial sentences
- Non-custodial sentences
9
Q
What are the purposes of sentencing according to Section 57 SA 2020?
A
- The punishment of offenders
- The reduction of crime
- The reform and rehabilitation of offenders
- The protection of the public
- The making of reparation by offenders
10
Q
What must a court assess to decide the type and length of any sentence?
A
The seriousness of the case
11
Q
What courts are considered courts of first instance with powers of sentence?
A
- Magistrates’ court
- Youth court
- Crown Court
12
Q
What is the maximum imprisonment a magistrates’ court can impose for an either-way offence?
A
12 months
13
Q
What does Section 14 SA 2020 allow magistrates to do?
A
Commit an adult for sentence to the Crown Court for offences triable either way
14
Q
What happens if a defendant pleads guilty to a summary only offence?
A
They can only be sentenced in the magistrates’ court
15
Q
What is required for a defendant to receive a Goodyear indication in the Crown Court?
A
- Accept the prosecution facts
- Agree on a written basis of plea
- Give clear instructions to counsel
16
Q
What is a Newton hearing?
A
A hearing to decide the factual basis upon which a court should pass sentence
17
Q
What does the court consider when determining the seriousness of an offence?
A
- The offender’s culpability
- Any harm caused, intended, or foreseeably caused
18
Q
What must the court not do according to Section 230 SA 2020?
A
Pass a custodial sentence unless the offence was so serious that neither a fine nor a community sentence can be justified
19
Q
What is culpability in the context of sentencing?
A
Blameworthiness assessed by the offender’s role, intention, and planning
20
Q
What does harm assess in the context of sentencing?
A
The damage caused to the victim
21
Q
What must every court follow according to sentencing guidelines?
A
Sentencing guidelines relevant to the offender’s case
22
Q
What is the purpose of deferring a sentence?
A
To allow the defendant time to prove they have changed or that the offence was a one-off
23
Q
True or False: A defendant can be sent back to the magistrates’ court for sentencing after pleading guilty at the Crown Court.
A
False
24
Q
Fill in the blank: The court must consider whether either statutory _______ has been passed to justify a custodial or community order.
A
threshold
25
What must the court consider when sentencing for more than one offence?
What the total sentence should be and whether to pass consecutive or concurrent sentences
26
How is the severity of injury assessed in an assault case?
By how injured the victim was and whether the assault was sustained or repeated.
27
What factors are considered in a theft case?
Financial loss resulting from the theft and any additional harm suffered by the victim or anyone else, such as injury or emotional distress.
28
What must every court follow regarding sentencing?
Any sentencing guidelines relevant to the offender's case unless it's contrary to the interests of justice.
29
Where can sentencing guidelines be found?
For most significant offences in the magistrates’ court and a wide range of offences in the Crown Court.
30
What overarching guidelines exist for sentencing?
General sentencing issues and principles such as sentencing children and young people.
31
What happens at a sentencing hearing?
Prosecution opens facts, makes submissions & applications; then defense mitigates; finally, the judge passes sentence.
32
What are the prosecutor's duties during sentencing?
Remind the court of previous convictions, ancillary orders sought, relevant sentencing guidelines, general sentencing issues, and any victim impact statement.
33
What is the role of the defense in a sentencing hearing?
Ensure a lawful sentence is passed and may ask for a pre-sentence report.
34
When must a court obtain a pre-sentence report?
Before passing a custodial or community sentence unless deemed unnecessary.
35
What is the purpose of a pre-sentence report?
To assist the court in determining the most suitable method of dealing with an offender.
36
What types of reports may the court obtain besides pre-sentence reports?
Medical reports and psychiatric reports.
37
What must the court consider when determining sentence severity?
Offence seriousness (harm and culpability), aggravating and mitigating factors, assistance to prosecution, and totality.
38
What are common statutory aggravating factors?
* Previous convictions
* Offence committed while on bail
* Racially or religiously aggravated offences
* Offence motivated by hostility towards a victim's sexual orientation or disability
39
What are common mitigating factors?
* Greater degree of provocation
* Mental illness or disability
* Youth or age affecting responsibility
* Minor role in the offence
* Good character or lack of previous convictions
40
What is the maximum credit for a guilty plea at the first stage of proceedings?
1/3.
41
What is the maximum credit for a guilty plea after the first stage?
1/4.
42
What is the maximum credit for a guilty plea on the day of trial?
1/10.
43
What must the court explain when passing sentence?
* The sentence in non-technical language
* The sentencing guidelines followed or reasons for not following them
* Why the custody threshold is met
* Credit given for a guilty plea
* Aggravating and mitigating factors considered
44
What are the first part types of sentences as per SA 2020?
* Absolute and conditional discharge
* Fines
* Compensation orders
* Disqualification
* Forfeiture
* Restitution and restoration
* Community orders
* Youth rehabilitation orders
45
What is an absolute discharge?
The lowest form of sentence, reflecting triviality of an offence with no punishment.
46
What is a conditional discharge?
A discharge with a condition that if the defendant commits another offence, they can be re-sentenced.
47
What is a Community Order?
A sentence requiring compliance with one or more requirements to punish and/or rehabilitate a defendant in the community.
48
What is a bind over?
A court order binding a person to keep the peace for a sum of money forfeited if breached.
49
What types of sentences fall under non-custodial sentences?
* Bind over
* Absolute discharge
* Conditional discharge
* Fines
* Community order
50
What happens if an offender fails to pay a fine?
They may be brought back to court and sentenced to imprisonment in default.
51
What is the maximum length of a community order?
Three years.
52
What is the minimum age for an offender to be subject to a Community Order?
Over 18
53
What must a court impose when making a Community Order?
At least one requirement set out in s 201 and Sch 9 SA 2020
54
What is the maximum length of a Community Order?
Three years
55
What is required in a Community Order unless exceptional circumstances exist?
At least one requirement with a punitive element
56
What must requirements of a Community Order avoid?
Conflict with the offender’s religious beliefs or interference with work and education
57
What can a court consider when determining restrictions on liberty in a Community Order?
Any period spent on remand or qualifying electrically monitored curfew
58
What is the unpaid work requirement in a Community Order?
Carry out unpaid work as directed by the Probation Service, 40-300 hours within 12 months
59
What does the rehabilitation activity requirement involve?
Attend appointments or participate in activities as directed by the Probation Service
60
What is a prohibited activity requirement?
Not do a certain thing as defined by the court
61
What is the curfew requirement in a Community Order?
Stay at a specified place for 2-16 hours in any 24 hours, max term 12 months
62
What does the exclusion requirement entail?
Not enter a specific area or keep away from a particular person, max period two years
63
What does the residence requirement specify?
Live at a particular address as directed
64
What does the foreign travel prohibition requirement involve?
Prohibit traveling to a particular country or countries for a specific period, max 12 months
65
What is required under the mental health treatment requirement?
Undergo mental health treatment, must have a condition susceptible to treatment
66
What is involved in the drug rehab requirement?
Submit to treatment and take drug tests as required
67
What does the alcohol treatment requirement require?
Attend treatment to reduce or eliminate dependency on alcohol
68
What does the alcohol abstinence and monitoring requirement entail?
Abstain from consuming alcohol, or not exceed a certain level of alcohol for a max of 120 days
69
What is the attendance centre requirement?
For defendants aged 18-24, requiring attendance at a centre for between 12 and 36 hours
70
What is the electronic monitoring requirement?
Subject to monitoring by an electronic tag when a curfew or exclusion requirement is imposed
71
What happens if an offender fails to comply with a Community Order?
They must be warned that their failure is unacceptable
72
What are the possible consequences of breaching a Community Order?
* Amend the order to make it more onerous
* Fine up to £2,500
* Revoke the Community Order and re-sentence the offender
73
What is the maximum custodial sentence for willful and persistent breach of a Community Order?
Six months
74
What types of custodial sentences are there?
* Determinate custodial sentences
* Suspended determinate custodial sentences
* Minimum sentences for certain offences
* Extended determinate sentences (EDS)
* Mandatory life sentence for murder
* Other statutory life sentences
* Discretionary sentences
75
What must be satisfied for a custodial sentence to be passed?
The offence must be so serious that neither a fine nor a Community Order can be justified
76
What is a determinate custodial sentence?
A prison sentence for a defined period of time
77
What must a court consider when sentencing for multiple offences?
Whether to make the sentences concurrent or consecutive
78
What is the maximum custodial sentence a magistrates' court can impose?
6 months for summary and single either way offences; 12 months for two or more either way offences
79
What is a suspended sentence of imprisonment?
A sentence that is not executed immediately if certain criteria are fulfilled
80
What are the three elements of a suspended sentence?
* Custodial term
* Operational period
* Supervision period
81
What is the minimum sentence for a third Class A drug trafficking offence?
Seven years' imprisonment
82
What is the minimum sentence for a third domestic burglary?
Three years' imprisonment
83
What must occur for a minimum sentence to be imposed for a third Class A drug offence?
The defendant must have committed three Class A drug trafficking offences in chronological order
84
What is required for a third conviction for domestic burglary to attract a statutory minimum sentence?
All burglaries must be domestic burglaries
85
What is burglary classified as?
An either-way offence
86
Can magistrates’ courts impose a sentence of three years’ custody?
No
87
What must happen if a defendant faces a third potential conviction for domestic burglary?
They must be committed to the Crown Court
88
To attract the statutory minimum three-year sentence, what type of burglaries must all be?
Domestic burglaries
89
True or False: A defendant can be sentenced for more than one count of burglary at a time.
True
90
What is an extended determinate sentence (EDS)?
Imposed in certain types of cases where the offender is found dangerous
91
What does the extension period of an EDS require?
At least 1 year, not exceeding 5 or 8 years depending on the offence type
92
What is the eligibility for parole for a prisoner serving an EDS?
At the 2/3 point of the custodial term
93
What must the court impose for a murder conviction?
A mandatory life sentence
94
Is a mandatory life sentence available for offences other than murder?
No
95
What is the minimum term for murder based on?
Starting points set out in Schedule 21 of the Sentencing Code
96
What may a judge impose for the most serious cases of murder?
A 'whole life order'
97
What is the maximum number of prisoners typically serving whole life orders?
About 100
98
Statutory life sentences are imposed on offenders who are considered _______.
Dangerous
99
True or False: Life sentences for rape or robbery are common without fulfilling statutory provisions.
False
100
What conditions must be met for a life sentence for dangerous offenders?
Convicted of an offence in Schedule 19 and deemed dangerous by the court
101
What is required for a life sentence under the 'second listed offence' criteria?
Convicted of an offence in Schedule 15 with specific conditions met
102
Can magistrates' courts impose a suspended sentence of imprisonment?
Yes
103
What is the maximum custodial term that can be suspended by magistrates’ courts?
Subject to the same maximums as determinate sentences
104
Can a magistrates’ court impose a mandatory minimum sentence for a third domestic burglary?
No
105
What is the maximum term for a determinate custodial sentence in a magistrates’ court for a summary offence?
6 months
106
What is the maximum term for a determinate custodial sentence in a magistrates’ court for an either-way offence?
12 months
107
Can a Crown Court impose a mandatory life sentence for murder?
Yes
108
Can a Crown Court impose a life sentence under SA 2020?
Yes
109
Can a Crown Court impose an extended determinate sentence?
Yes
