Sentencing Flashcards
(54 cards)
max sentence in Mags Court for one offence
6 months imprisonment
which offences are exclusively tried and sentenced in Mags Court?
summary-only
When should the court hold a hewton Hearing?
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.
Newton hearing will only happen if it will make a
material difference to the sentence
What is the usual reduction in credit for a guilty plea if the prosecution succeed in a Newton hearing?
the reduction which would have been available when the plea was indicated will normally be halved
When sentencing for more than one offence, a court should arrive at a sentence that is
just and proportionate
When would concurrent sentences be more appropriate for multiple offences?
Where the various offences arise out of the same facts
When would consecutive sentences be more appropriate for multiple offences?
Where they arise out of different facts
A court can defer sentence for up to
6 months
Crown Court – Goodyear indication
D can ask for an indication of the sentence either before the PTPH or at any stage of the proceedings before the jury return their verdict
Before asking for a Goodyear indication, the D must either…
a) 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.
Starting point for the courts when determining seriousness of an offence
Consider culpability and harm
The court must not pass a custodial sentence unless it is of the opinion that
the offence, or
the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence
What factors would increase culpability?
how the defendant commissioned the offence eg use of a weapon
Every court MUST follow any sentencing guidelines which are relevant to the offender’s case unless
the court is satisfied that it would be contrary to the interests of justice to do so
A court must obtain a pre-sentence report before passing a…
custodial or community sentence, unless it considers it unnecessary to do so
If the court is contemplating a sentence pursuant to the Mental Health Act 1983 then it must receive evidence from
2 medical practitioners stating that in their opinion the defendant is suffering from a mental disorder
the safest way the defendant can obtain maximum credit for a summary or EW offence
entering a guilty plea at the first hearing
the safest way the defendant can obtain maximum credit for an indictable-only offence
by providing an unequivocal indication at the first hearing that the defendant intends to plead guilty and the defence team will contact the Crown Court to arrange for this to happen imminently
Max. credit for guilty plea at first stage of proceeding
1/3
Max. credit for guilty plea after first stage of proceedings
1/4
Max. credit for guilty plea on first day of trial
1/10
lowest form of sentence available to the magistrates’ court and the Crown Court
absolute discharge
if you commit another offence within the conditional discharge period, the courts can
re-sentence for original offence + new offence
