Sentencing Overview Flashcards
(12 cards)
Which piece of legislation consolidates the law on sentencing in England and Wales?
A. Sentencing Act 2020
B. Criminal Justice Act 2003
C. Legal Aid, Sentencing and Punishment of Offenders Act 2012
D. Offences Against the Person Act 1861
A. Sentencing Act 2020
Explanation: The Sentencing Act 2020 consolidates over 50 previous sentencing provisions into a single Act forming the Sentencing Code.
Which of the following is one of the five statutory purposes of sentencing under the Sentencing Act 2020?
A. The protection of the public
B. The collection of fines
C. The punishment of judges
D. The promotion of civil litigation
A. The protection of the public
Explanation: Section 57 SA 2020 sets out the five sentencing purposes, which include punishment, deterrence, rehabilitation, public protection, and reparation.
Jane is convicted of an either-way offence in the magistrates’ court. The magistrates believe their sentencing powers are insufficient. What should they do?
A. Commit Jane to the Crown Court for sentencing
B. Release Jane on bail
C. Refer the case back to the police
D. Dismiss the case
A. Commit Jane to the Crown Court for sentencing
Explanation: Under s14 SA 2020, magistrates can commit an adult for sentence to the Crown Court if they believe their sentencing powers are inadequate.
Which court must sentence a defendant convicted of an indictable-only offence?
A. Magistrates’ court
B. Crown Court
C. County Court
D. Youth Court
B. Crown Court
Explanation: Indictable-only offences are outside the jurisdiction of the magistrates’ court and must be dealt with in the Crown Court.
What is the maximum custodial sentence that magistrates can impose for a single either-way offence?
A. 6 months
B. 12 months
C. 2 years
D. 14 years
B. 12 months
Explanation: Under s224 SA 2020, the maximum custodial sentence magistrates can impose for an either-way offence is 12 months.
Thomas pleads guilty in the Crown Court but disagrees with the prosecution’s account of events, which could affect sentencing. What may be required?
A. Goodyear indication
B. Newton hearing
C. Immediate sentencing
D. Referral to Youth Court
B. Newton hearing
Explanation: A Newton hearing is used when a defendant pleads guilty but disputes key facts that could materially affect sentencing.
When sentencing for more than one offence arising from the same incident, what is the general principle the court should apply?
A. Sentences should run concurrently
B. Sentences should run consecutively
C. Only the more serious offence should be sentenced
D. The offender should be acquitted of one charge
A. Sentences should run concurrently
Explanation: The totality principle suggests concurrent sentencing for offences arising from the same incident to ensure proportionality.
Lisa is sentenced for two separate offences occurring weeks apart. What is the likely approach under the totality principle?
A. Sentence for only one offence
B. Concurrent sentencing
C. Consecutive sentencing
D. No sentence at all
C. Consecutive sentencing
Explanation: Where the offences are separate in time and nature, courts typically impose consecutive sentences to reflect overall criminality.
Which of the following is not a valid reason to defer sentence?
A. To allow the defendant to show change
B. To wait for sentencing guidelines to change
C. To assess if the offence was a one-off
D. To give the defendant time to make restitution
B. To wait for sentencing guidelines to change
Explanation: Deferral is used to allow for offender reform or reparation. Waiting for external legal changes is not a valid ground.
Daniel pleads guilty to an either-way offence in the magistrates’ court. He wants to know if he will go to prison. What can the magistrates provide?
A. A reduction in sentence
B. A full Goodyear indication
C. An indication of custodial or non-custodial outcome
D. A definitive sentence
C. An indication of custodial or non-custodial outcome
Explanation: In the magistrates’ court, a defendant can request an indication of whether a sentence would be custodial or not if they plead guilty.
A Newton hearing results in the judge accepting the prosecution’s version of facts. How does this affect the defendant’s sentence reduction for a guilty plea?
A. No reduction is available
B. Reduction is increased
C. Reduction is unaffected
D. Reduction is normally halved
D. Reduction is normally halved
Explanation: If a Newton hearing is held and the prosecution version is accepted, the defendant’s credit for pleading guilty is typically reduced, often by half.
What must a defendant do before seeking a Goodyear indication in the Crown Court?
A. Enter a not guilty plea
B. Admit all prior offences
C. Agree to a Newton hearing
D. Accept the prosecution facts or submit a written basis of plea
D. Accept the prosecution facts or submit a written basis of plea
Explanation: Before requesting a Goodyear indication, the defendant must confirm their factual basis of plea or agree with the prosecution’s version.
