sentencing practise in the courts Flashcards Preview

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Flashcards in sentencing practise in the courts Deck (18)
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1
Q

What is held if an offender does not agree with the facts of the case?

A

a Newton hearing

2
Q

What section of the Criminal Justice Act 2003 sets out how a court establishes the seriousness of an offenders offence?

A

s.143(1)

3
Q

What are the 4 aggregating factors listed in the Criminal Justice Act?

A
  • previous convictions for offences of a similar nature
  • fact defendant was on bail when committing another offence
  • racial or religiously hostility being involved in the offence
  • hostility to disability or sexual orientation being involved in the offence
4
Q

What are the other aggravating factors a court will want to know ? (4)

A
  • was the offender in a position of trust
  • was the offence premeditated
  • was the victim particularly vulnerable
  • did the victim suffer physically or mentally before the death
5
Q

How much can a sentence be reduced if an offender admits guilt at the first reasonable opportunity?

A

up to one third

6
Q

How much can a sentence be reduced if an offender admits guilt at the first reasonable opportunity but there is overwhelming evidence of guilt?

A

20%

7
Q

How much will a sentence be reduced if there is a plea of guilty after the trial has started?

A

one tenth of a reduction

8
Q

How much will a sentence be reduced if the plea of guilt is after the trial is set?

A

1/4

9
Q

what are the 4 reasons justify a discount in sentence for a guilty plea?

A
  • avoids the need for a trial
  • shortens the time between charge and sentence
  • saves considerable cost
  • saves victims from having to give evidence
10
Q

Who prepares pre-sentence reports?

A

the probation service

11
Q

Does the court have to consider pre-sentencing reports before giving a custodial sentence ?

A

don’t have to but usually will

12
Q

Before a court considers a community sentence they will have a report, what will this include?

A
  • defendants background

- suitability

13
Q

Why will courts look at a defendants background before granting a community sentence?

A

To see if they are likely to respond to a community-based penalty

14
Q

What will the court ask if the offender has medical or psychiatric problems?

A

ask for a report to be prepared by an appropriate doctor

15
Q

Why was the Sentencing Guidelines Council set up in 2003?

A

to issue guidelines on any aspect of sentencing

16
Q

What did the Sentencing Advisory Panel do ?

A

made proposals to the Council that there should be guidelines on a particular offence or aspect of sentencing

17
Q

when were the 2003 Sentencing Guidelines Council and Sentencing Advisory Panel replaced by the Sentencing Council?

A

2010

18
Q

When can courts depart from the guidelines set by the Sentencing Council?

A

when it is in the interest of justice to do so