Sentencing Considerations & Influences Flashcards
(12 cards)
What do courts look at to decide how serious an offence is?
Aggravating and mitigating factors.
What are aggravating factors?
Things that make the offence more serious.
What are mitigating factors?
Things that make the offence less serious.
Can a guilty plea reduce a sentence?
Yes – the earlier the plea, the greater the reduction.
What happens if a defendant is convicted after pleading not guilty?
The court may still ask for a pre-sentence report.
Name 5 main influences on sentencing decisions.
Pre-sentence reports.
Medical reports.
Sentencing guidelines.
Guilty plea reduction.
Offender’s background.
Who prepares pre-sentence reports?
The probation service.
What are pre-sentence reports useful for?
Deciding if a community sentence is suitable.
When are medical reports used in sentencing?
If the offender has medical or psychiatric issues.
Who usually prepares medical reports?
A doctor.
What is the Sentencing Council?
A body created in 2010 to improve sentencing consistency and transparency.
What do judges and magistrates have to do under sentencing guidelines?
They are under a duty to follow the guidelines when sentencing.
