Topic 15 - Sentencing Flashcards
(137 cards)
1
Q
What is the beginning of 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 is the outcome if a verdict is guilty?
A
The defendant must be sentenced.
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 are the two main types of sentences?
A
Custodial and non-custodial sentences.
8
Q
What are the purposes of sentencing according to Section 57 SA 2020?
A
- Punishment of offenders
- Reduction of crime
- Reform and rehabilitation of offenders
- Protection of the public
- Making of reparation by offenders
9
Q
What must the court assess to determine the type and length of a sentence?
A
The seriousness of the case.
10
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.
11
Q
What is the maximum imprisonment a magistrates’ court can impose for an either-way offence?
A
12 months.
12
Q
What happens if the defendant pleads guilty to a summary only offence?
A
They can only be sentenced in the magistrates’ court.
13
Q
In the case of an either-way offence, what happens if the defendant pleads guilty in the Crown Court?
A
They must be sentenced in the Crown Court.
14
Q
What is a Newton hearing?
A
A hearing to decide the factual basis upon which a sentence should be passed.
15
Q
What occurs at a Newton hearing?
A
The prosecution makes an opening speech, calls evidence, and both parties can address the Judge.
16
Q
What must the court consider when sentencing for multiple offences?
A
Whether consecutive or concurrent sentences are more appropriate.
17
Q
What is the maximum period a court can defer a sentence?
A
Up to six months.
18
Q
What is the purpose of deferring a sentence?
A
To allow the defendant to demonstrate change or that the offence was a one-off.
19
Q
What is required for an indication of sentence in the magistrates’ court?
A
The offence must be either-way and the court has accepted jurisdiction.
20
Q
What must a defendant do before asking for a Goodyear indication in the Crown Court?
A
Accept the prosecution facts or agree on a written basis of plea.
21
Q
What are the two key factors the court considers to determine seriousness of an offence?
A
- The offender’s culpability
- Any harm caused by the offence
22
Q
What must the court not do according to Section 230 SA 2020?
A
Pass a custodial sentence unless the offence is serious enough.
23
Q
What is culpability in the context of sentencing?
A
Blameworthiness assessed by role, intention, and planning.
24
Q
What does harm refer to in the context of sentencing?
A
The damage caused to the victim.
25
What must every court follow regarding sentencing guidelines?
Any relevant sentencing guidelines unless contrary to the interests of justice.
26
What must every court follow regarding sentencing guidelines?
Every court MUST follow any sentencing guidelines which are relevant to the offender's case unless it would be contrary to the interests of justice to do so.
27
What types of sentencing guidelines are available?
* Sentencing guidelines for significant offences in magistrates’ court
* Sentencing guidelines for Crown Court
* Overarching guidelines on general sentencing issues
28
What happens during a sentencing hearing?
* Prosecution opens facts, makes submissions & applications
* Defence mitigates
* Judge passes sentence
29
What are the duties of a prosecutor during sentencing?
* Remind the court of previous convictions
* Seek ancillary orders
* Present relevant sentencing guidelines
* Ensure lawful sentence is passed
* Present victim impact statements
30
True or False: It is the role of the prosecution to suggest the ultimate sentence to the court.
False
31
What can the defence request before sentencing?
The defence may ask for a pre-sentence report.
32
According to Section 30 SA 2020, when must a court obtain a pre-sentence report?
Before passing a custodial or community sentence, unless it considers it unnecessary.
33
What is the purpose of a pre-sentence report?
To assist the court in determining the most suitable method of dealing with an offender.
34
What types of other reports might be obtained by the court?
* Medical reports
* Psychiatric reports
* Evidence from two medical practitioners for Mental Health Act 1983
35
What is the first step in the court's approach to sentencing according to The Code?
Determine offence seriousness (i.e. harm and culpability).
36
List some common aggravating factors.
* Previous convictions
* Offence committed while on bail
* Racial or religious aggravation
* Offender under influence of alcohol or drugs
* Planning of the offence
37
List some common mitigating factors.
* Greater degree of provocation
* Mental illness or disability
* Youth or age affecting responsibility
* Minor role in the offence
* Good character
38
What happens after determining the category of the sentencing guidelines?
Adjust the starting point up or down according to aggravating/mitigating factors.
39
What is the maximum reduction in sentence for a guilty plea at the first stage of proceedings?
1/3
40
What must the court explain when passing sentence?
* Sentence in non-technical language
* Sentencing guidelines followed
* Reasons for crossing custody threshold
* Credit for a guilty plea
* Aggravating and mitigating factors considered
41
When will a defendant be sentenced if charged with a single offence?
Immediately after a guilty plea or guilty verdict, unless the court adjourns for specific reasons.
42
What is the maximum adjournment period for a defendant on bail?
Four weeks
43
What happens if a defendant is charged with multiple offences and pleads guilty to some?
The court usually adjourns sentence until the conclusion of the trial.
44
Where can a defendant be sentenced based on the type of offence?
* Summary only: magistrates' court
* Either-way: magistrates' court or Crown Court
* Indictable only: Crown Court
45
What happens once a matter has been sent to the Crown Court?
It can't be sent back to the magistrates' for sentence. The defendant must be sentenced by the Crown Court.
46
What is the sentencing power of the magistrates' court for a summary offence?
Limited to 6 months' imprisonment.
47
What is the sentencing power of the magistrates' court for an either-way offence?
Limited to 12 months' imprisonment.
48
What must the magistrates' court decide when sentencing an either-way offence?
Whether their sentencing powers are sufficient.
49
What section of the Sentencing Act 2020 allows magistrates to commit a defendant for sentence if their powers are insufficient?
s.14 SA.
50
What is the Crown Court maximum sentencing power for an offence committed under s.14 SA?
Crown Court maximum.
51
Under what circumstances can a defendant be committed for sentence under s.18 SA?
When the defendant pleads guilty to an either-way offence but not guilty to indictable offences being sent to the Crown Court.
52
What is the Crown Court maximum sentencing power for offences committed under s.18 SA?
Crown Court maximum if magistrates indicated they would have committed the offence anyway.
53
What does s.20 SA allow magistrates to do?
Commit a defendant for sentence for another indictable offence and related offences.
54
What happens if a defendant pleads guilty or is found guilty of an either-way offence in the magistrates' court?
The magistrates' court decides whether their sentencing powers are sufficient.
55
In Scenario 1, what happens if the magistrates' court finds their sentencing powers insufficient?
They commit the defendant for sentence to the Crown Court.
56
In Scenario 2, what happens if some offences are within magistrates' sentencing powers and others are not?
They can commit the offences beyond their powers and decide on the others.
57
What can the magistrates' court do if they accept their sentencing powers are sufficient for some offences?
They can either sentence them or commit them for sentence.
58
What happens in Scenario 3 when a defendant pleads guilty to either-way offences but not guilty to related offences?
The magistrates can either sentence immediately or commit for sentence after the trial.
59
What is a 'Goodyear indication'?
An indication of the sentence a defendant would receive if they pled guilty.
60
What must a defendant do before asking for a Goodyear indication?
Accept prosecution facts or agree on a written basis of plea.
61
What are the four steps that comprise a sentencing hearing?
* Basis of sentencing
* Prosecution open facts and submissions
* Defence mitigation
* Judge passes sentence.
62
What happens if a defendant enters a not guilty plea and is found guilty?
The court will either pass sentence immediately or adjourn for a pre-sentence report.
63
What is the process if a defendant enters a guilty plea on a 'full facts basis'?
The court will either sentence immediately or adjourn for a pre-sentence report.
64
What does it mean if a defendant pleads guilty but does not accept the prosecution's facts?
They seek to challenge the facts while accepting guilt.
65
What is the significance of the case R v Goodyear?
It established the rules for obtaining a Goodyear indication.
66
What is the charge in the example provided?
Assault Occasioning Actual Bodily Harm (s.47 Offences against the Person Act 1861)
## Footnote
This refers to an offense involving the infliction of bodily harm through an assault.
67
What does the defendant accept regarding the assault?
The defendant accepts that he did assault the complainant and that this caused actual bodily harm.
68
What must the defendant do if he takes issue with the facts asserted by the prosecution?
Enter a guilty plea on a written basis.
69
What are the two ways to enter a plea on a basis?
* The indictment/charge is read, and the defendant replies 'guilty', followed by Defence Counsel addressing the court with the written basis.
* The indictment/charge is read, and the defendant replies 'guilty on a basis', followed by Defence Counsel handing the written basis to the court.
70
What is a basis of plea?
A written document that a defendant submits to outline the factual basis for their guilty plea.
71
What options does the prosecution have when presented with a basis of plea?
* Accept the basis of plea as correct.
* Reject the basis of plea as inconsistent with the evidence.
* Adopt the position that they are unable to agree or reject the basis.
72
What must the basis of plea amount to?
An admission of guilt to the offence.
73
What happens if the court finds the basis of plea absurd?
The court can reject it and proceed to sentence the defendant on the prosecution version of the facts.
74
What question does the court consider regarding the basis of plea?
Whether it will make a material difference to sentence if sentencing on the defence version instead of the prosecution version.
75
What is a Newton hearing?
A hearing to decide the factual basis upon which the court should pass sentence when a guilty plea on a basis will make a material difference to the sentence.
76
How does a Newton hearing differ from a regular trial?
It takes place without a jury, and the judge acts as the arbiter of both law and fact.
77
What happens at a Newton hearing?
* The prosecution makes an opening speech.
* The prosecution calls evidence and witnesses can be cross-examined by the defence.
* The defendant can give evidence and call witnesses.
78
What must the judge decide at the conclusion of a Newton hearing?
Whether the prosecution has proved its version of the facts beyond reasonable doubt.
79
What happens if the prosecution proves its case beyond reasonable doubt?
The defendant will be sentenced on the prosecution version of the facts.
80
What happens to the credit for pleading guilty if the prosecution proves its case?
The reduction in sentence for a guilty plea is normally halved.
81
What is the purpose of the basis of plea process?
To outline the factual basis for the defendant's guilty plea and determine the appropriate sentence.
82
What occurs if the basis of plea is acceptable to the Crown?
* The judge considers if the basis is unreal or untrue.
* If yes, sentence on Defence basis. If no, hold a Newton Hearing.
83
What is the first step if the basis of plea is not acceptable to the Crown?
Determine if the judge thinks the basis is absurd.
84
What are the potential outcomes if the judge does not find the basis absurd?
* If it will make a material difference, hold a Newton hearing.
* If not, sentence on the Defence basis.
85
What does Section 156 of the Criminal Justice Act 2003 require regarding pre-sentence reports?
A court must obtain a pre-sentence report before passing a custodial or community sentence unless it considers it unnecessary.
86
What is the typical adjournment period for a pre-sentence report?
Usually 3 weeks.
87
What are the two scenarios for medical reports in court?
* Defendant can submit a medical report
* Court must receive evidence from two medical practitioners if considering a sentence under the Mental Health Act 1983.
88
How can a defendant present character evidence?
Through written testimonials or live evidence.
89
What is required for a defendant to rely on written character evidence?
The agreement of the prosecution.
90
What are the four steps of a sentencing hearing?
* Step 1: Basis for sentencing
* Step 2: Prosecution opens facts, makes submissions & applications
* Step 3: Defence mitigates
* Step 4: Judge passes sentence.
91
What are the five purposes of sentencing as per s.142(1) of the Criminal Justice Act 2003?
* Punishment of offenders
* Reduction of crime
* Reform and rehabilitation of offenders
* Protection of the public
* Making reparation by offenders.
92
What factors must the court consider when determining the seriousness of an offence?
* Offender's culpability
* Harm caused, intended, or foreseeably could have caused.
93
What does Section 152 of the Criminal Justice Act 2003 state about custodial sentences?
A custodial sentence must not be passed unless the offence was so serious that neither a fine nor a community sentence can be justified.
94
What is the role of the Sentencing Council?
Responsible for publishing definitive sentencing guidelines for criminal offences.
95
What are the three possible categorizations a court can assess a defendant's conduct into?
* Greater culpability and greater harm
* Greater culpability and lesser harm, or greater harm and lesser culpability
* Lesser culpability and lesser harm.
96
What are common mitigating factors in sentencing?
* Greater provocation than normal
* Mental illness or disability
* Youth or age affecting responsibility
* Minor role in the offence
* Good character or lack of previous convictions.
97
What are common aggravating factors in sentencing?
* Offence committed on bail
* Previous sentences not responded to
* Racially or religiously aggravated offence
* Previous convictions indicating repeat offending.
98
What is the definition of dangerousness under s.229 of the Criminal Justice Act 2003?
The assessment of whether there is a significant risk to the public of serious harm from further offences.
99
When can a court increase a sentence due to the prevalence of an offence?
Only with evidence from a local Criminal Justice Board or a Community Impact Statement.
100
What credit is given for a guilty plea entered at the first opportunity?
Maximum of 1/3 reduction.
101
What does the totality principle entail when sentencing for multiple offences?
The court must consider the total sentence and whether to impose consecutive or concurrent sentences.
102
What must a court explain when passing sentence?
* Explanation in non-technical language
* Identification of sentencing guidelines followed
* Reason for passing the custody threshold
* Credit given for guilty plea
* Aggravating and mitigating factors considered.
103
How long can a court defer a sentence?
Up to six months.
104
What is the purpose of deferring a sentence?
To allow the defendant time to demonstrate change or that the offence was a one-off, potentially leading to a lighter sentence.
105
What can a court do regarding a sentence for up to six months?
Defer sentence to allow the defendant to prove change or that the offence was a one-off
## Footnote
The deferral period cannot be extended except under certain conditions when transitioning to the Crown Court.
106
What are the types of non-custodial sentences according to the SA 2020?
Absolute and conditional discharge, fines, compensation orders, disqualification, forfeiture, restitution, community orders, youth rehabilitation orders
## Footnote
The SA 2020 separates sentences into parts for better accessibility.
107
What is a bind over?
A court-imposed requirement to 'keep the peace' for a sum of money forfeited if breached
## Footnote
A bind over can be imposed without a guilty plea or after acquittal.
108
What characterizes an absolute discharge?
The lowest form of sentence reflecting triviality or special factors, effectively no punishment
## Footnote
Imposed in both magistrates' court and Crown Court.
109
What is a conditional discharge?
A discharge with a condition that allows re-sentencing if another offence is committed during a specified period
## Footnote
The period must not exceed three years.
110
How are fines imposed in the Crown Court and magistrates' court?
Crown Court has no upper limit; magistrates' court fines are on a scale from Level 1 (£200) to Level 5 (unlimited)
## Footnote
Fines can be combined with most sentences but are generally not combined with discharges.
111
What is a Community Order?
A sentence requiring compliance with one or more requirements for punishment and/or rehabilitation
## Footnote
Must not be imposed unless the offence is serious enough.
112
What are the maximum and minimum lengths of a Community Order?
Maximum length is three years; must include at least one requirement
## Footnote
Requirements must be compatible and avoid conflict with religious beliefs or work/education.
113
What happens if an offender breaches a Community Order?
They may face warning, amendment of order, a fine, or revocation and re-sentencing
## Footnote
Court considers the extent of compliance when deciding on consequences.
114
What types of custodial sentences exist?
Determinate custodial sentences, suspended determinate custodial sentences, extended determinate sentences, mandatory life sentences, discretionary sentences
## Footnote
Discretionary custodial sentences require meeting a custodial threshold.
115
What is a determinate custodial sentence?
A prison sentence for a defined period of time, e.g., 6 weeks, 12 months, 3 years
## Footnote
Courts decide whether sentences for multiple offences run concurrently or consecutively.
116
What is a suspended sentence of imprisonment?
A custodial term that is not served immediately if certain criteria are met
## Footnote
Can be suspended by magistrates' court (14 days to 6 months) or Crown Court (14 days to 2 years).
117
What are the elements of a suspended sentence?
Custodial term, operational period, supervision period
## Footnote
Supervision is optional but must be within the operational period.
118
What does it mean if Mr. Smith's 1-year sentence is suspended for 2 years?
He risks serving the 1-year sentence if he breaches conditions during the 2 years
## Footnote
His supervision period is 18 months with a requirement of 200 hours of unpaid work.
119
What is a suspended sentence?
A sentence of imprisonment that is not immediately enforced but may be activated if conditions are breached.
## Footnote
For example, Mr. Smith's 1-year sentence is suspended for 2 years with conditions.
120
What happens if Mr. Smith breaches his suspended sentence?
He may have to serve some or all of the 1-year sentence.
## Footnote
Breaches can include committing another offence or failing to comply with probation requirements.
121
What is the supervision period for Mr. Smith's suspended sentence?
18 months.
## Footnote
During this period, he must attend appointments with the Probation Service.
122
How many hours of unpaid work must Mr. Smith complete?
200 hours.
## Footnote
This is a condition of his suspended sentence.
123
What is the minimum sentence for a third Class A drug trafficking offence?
Seven years’ imprisonment.
## Footnote
This applies unless there are exceptional circumstances.
124
What is the minimum sentence for a third domestic burglary?
Three years’ imprisonment.
## Footnote
All burglaries must be domestic burglaries to attract this minimum sentence.
125
What are the conditions for imposing a minimum sentence for a third Class A drug offence?
The defendant must have committed three Class A drug trafficking offences in chronological order.
## Footnote
The order includes commission and conviction of each offence.
126
What must the court do if convicted of a third Class A drug offence?
The court must pass a minimum custodial sentence of seven years unless unjust.
## Footnote
A guilty plea at the first opportunity can lead to a reduced sentence.
127
What is an extended determinate sentence?
A sentence imposed for specified violent, sexual, or terrorism offences where the offender is found dangerous.
## Footnote
The licence period is extended, not the period of custody.
128
What are the maximum extension periods for an extended determinate sentence?
5 years for violent offences, 8 years for sexual or terrorism offences.
## Footnote
The overall term cannot exceed the maximum term for the offence.
129
What must the court do when sentencing for murder?
The court must pass a mandatory life sentence.
## Footnote
This applies only to murder convictions.
130
What is the role of the Parole Board for a defendant sentenced to murder?
The Parole Board has discretion over the defendant's release after the minimum term.
## Footnote
The defendant remains on licence for life after release.
131
What is a whole life order?
A life sentence where the offender is never released from prison.
## Footnote
Typically imposed for the most serious murder cases.
132
What is a statutory life sentence?
A life sentence for dangerous offenders or those convicted of a second serious offence.
## Footnote
There is some discretion in imposing these sentences.
133
What are ancillary orders in sentencing?
Orders related to costs and compensation that can be imposed alongside a sentence.
## Footnote
Examples include prosecution costs orders, compensation orders, forfeiture orders, and confiscation orders.
134
What is a prosecution costs order?
An order requiring the defendant to pay a 'just and reasonable' amount for prosecution costs.
## Footnote
It can be imposed upon conviction.
135
What is a compensation order?
An order requiring the defendant to pay financial compensation to a victim.
## Footnote
The court must impose it unless it would be unjust.
136
What are forfeiture and deprivation orders?
Orders allowing the forfeiture and destruction of property linked to an offence.
## Footnote
Usually imposed when a defendant is convicted.
137
What is a confiscation order?
An order requiring an offender to pay a sum representing their benefit from criminal conduct.
## Footnote
It can only be imposed by the Crown Court.
