W8

Question 1

What is a Newton hearing and when is it required?

Answer 1

A Newton hearing is held when a defendant pleads guilty on a basis that will make a material difference to the sentence. It is required to decide the factual basis upon which the court should pass sentence.

Question 2

What are some common mitigating factors for any offense?

Answer 2

Some common mitigating factors for any offense include a greater degree of provocation than normally expected, mental illness or disability, youth or age that affects the responsibility of the defendant, the fact that the offender played only a minor role in the offense, good character and/or lack of previous convictions, and any personal mitigation.

Question 3

What are the duties of a prosecutor at a sentencing hearing?

Answer 3

At a sentencing hearing, the duties of a prosecutor include presenting the facts, making submissions and applications, reminding the court of any previous convictions, ancillary orders sought by the prosecution, relevant sentencing guidelines, and any general sentencing issues necessary for a lawful sentence. The prosecutor does not suggest what the ultimate sentence should be.

Question 4

What is the purpose of a curfew requirement in a community orde

Answer 4

The purpose of a curfew requirement in a community order is to ensure that the offender stays at a specified place, usually a specified address, during the times specified. The duration of the curfew can range from 2-16 hours in any 24 hours, with a maximum term of 12 months. The curfew may be electronically monitored unless the person whose cooperation is necessary does not consent or it is otherwise inappropriate.

Question 5

What happens during a Newton hearing in the magistrates’ court?

Answer 5

In the magistrates’ court, a Newton hearing is presided over by magistrates or a District Judge, similar to a regular trial. The prosecution makes an opening speech, calls evidence, and their witnesses can be cross-examined by the defense. The defendant is able to give evidence and call witnesses if they wish. Both parties are entitled to address the Judge by way of a closing speech.

Question 6

What is the prohibited activity requirement in a community order?

Answer 6

The prohibited activity requirement in a community order prohibits the offender from doing a certain thing as defined by the court. For example, they may be prohibited from attending a football match. The court specifies what the prohibited activity is and whether it is limited to specified days and/or times or a period of time.

Question 7

What is the role of the defence at a sentencing hearing?

Answer 7

The defence has a general duty to ensure that a lawful sentence is passed. They must ensure that their submissions are consistent with their instructions and duties not to mislead the court. The defence may also request a pre-sentence report if needed.

Question 8

What is the purpose of a guilty plea and how does it affect the sentence?

Answer 8

A guilty plea allows defendants to receive ‘credit’ or a discount on their sentence. The amount of credit depends on when the guilty plea was entered. The Reduction in Sentence for a Guilty Plea Guideline states that the first stage of proceedings will normally be the first hearing where a plea or indication of plea is sought and recorded by the court. Maximum credit is given for a guilty plea at the first stage of proceedings.

Question 9

What is the residence requirement in a community order?

Answer 9

The residence requirement in a community order directs the offender to live at a particular address as directed by the court. The offender must reside as directed by the court.

Question 10

When is a pre-sentence report typically requested?

Answer 10

A pre-sentence report is commonly requested before the prosecution presents their case. However, it can be ordered at the Plea and Trial preparation hearing or even at the time of sending. The court may adjourn the case for the report to be prepared.

Question 11

How does a Newton hearing differ in the Crown Court compared to the magistrates’ court?

Answer 11

In the Crown Court, a Newton hearing takes place without a jury. This is one of the limited number of occasions where a Crown Court Judge acts as the arbiter of both law and fact.

Question 12

What types of sentences can be imposed by the magistrates’ court and the Crown Court?

Answer 12

The magistrates’ court and the Crown Court have the power to impose various types of sentences. These include bind over, absolute discharge, conditional discharge, fines, and community orders.

Question 13

What is the purpose of an exclusion requirement in a community order?

Answer 13

The purpose of an exclusion requirement in a community order is to prohibit the offender from entering a specific area or keeping away from a particular person. The maximum period for an exclusion requirement is two years, and it may be continuous or only during specified periods. The exclusion requirement is usually electronically monitored unless certain conditions apply.

Question 14

What is the purpose of a pre-sentence report?

Answer 14

A pre-sentence report assists the court in determining the most suitable method of dealing with an offender. It provides information about the offender’s attitude towards the offense and their suitability for any programs. Probation input is needed before a community order can be imposed.

Question 15

What happens if the prosecution fails to prove their factual basis in a Newton hearing?

Answer 15

If the prosecution fails to prove their factual basis beyond reasonable doubt, the defendant will be sentenced on the defense version of the facts as set out in their basis of plea. Additionally, the defendant may receive a lighter sentence as a result and may not lose as much credit for pleading guilty.

Question 16

What is a community order and what are some of its requirements?

Answer 16

A community order is a sentence that requires a defendant to comply with one or more requirements to punish and/or rehabilitate them in the community. Some of the requirements that can be imposed in a community order include unpaid work, rehabilitation activity, and curfew.

Question 17

What is the mental health treatment requirement in a community order?

Answer 17

The mental health treatment requirement in a community order involves the offender undergoing mental health treatment. The length of the treatment is specified, and it is important to establish that the defendant has a condition susceptible to treatment and is willing to undergo treatment. A hospital order is not required for this requirement.

Question 18

What is the maximum length of a community order?

Answer 18

The maximum length of a community order is three years.

Question 19

What factors are considered in determining the sentence?

Answer 19

When determining the sentence, the court follows a structured approach. They consider the seriousness of the offense, aggravating factors (both statutory and non-statutory), mitigating factors, assistance given to the prosecution, reduction for a guilty plea, and totality. Ancillary orders such as compensation, disqualification, restraining order, costs, surcharge, and Criminal Courts Charge are also considered.

Question 20

What is the drug rehab requirement in a community order?

Answer 20

The drug rehab requirement in a community order involves the offender submitting to treatment and taking a drug test as and when required to prove that they are not taking drugs. This requirement is applicable to offenders who are dependent on drugs and require treatment. The offender must be suitable for the treatment and must consent to it.

Question 21

What is an absolute discharge and when is it imposed?

Answer 21

An absolute discharge is the lowest form of sentence available to the magistrates’ court and the Crown Court. It is usually imposed to reflect either the triviality of an offense, the circumstances in which an offender came to be prosecuted, or special factors relating to the offender.

Question 22

How are sentences determined based on the sentencing guidelines?

Answer 22

Sentences are determined based on the category of the offense seriousness. The guidelines provide a starting point and range for each category. Aggravating and mitigating factors are then considered to make adjustments from the starting point. The appropriate reduction for a guilty plea and the overall proportionality of the sentence are also taken into account.

Question 23

What is the alcohol treatment requirement in a community order?

Answer 23

The alcohol treatment requirement in a community order involves the offender attending treatment under the direction of a specified person to reduce or eliminate their dependency on alcohol. This requirement is applicable to offenders who are dependent on alcohol and require treatment. The offender must be suitable for the treatment and must consent to it.

Question 24

What is a conditional discharge and what condition is attached to it?

Answer 24

A conditional discharge is a discharge sentence with a condition attached to it. The condition is that if the defendant commits another offense during the specified period, they can be re-sentenced for the original offense and sentenced for the new offense. The specified period must be no more than three years.

Question 25

What factors does a court consider when determining the total sentence for multiple offences?

Answer 25

When sentencing for more than one offence, a court must consider what the total sentence should be and arrive at one that is just and proportionate. The court will consider whether consecutive or concurrent sentences are more appropriate in the circumstances. If the offences arise out of the same facts, concurrent sentences are usually passed. If they arise out of different facts, consecutive sentences are likely to be passed.

Question 26

When does sentencing occur and what are the different courts with powers of sentence?

Answer 26

Sentencing happens once a defendant is convicted, either by entering a guilty plea or being found guilty after a trial. The magistrates court, youth court, and Crown Court are all courts of first instance with powers of sentence. The maximum sentence which can be imposed for a specific offense and the maximum sentence which can be imposed by a particular court for that offense may differ.

Question 27

What are some common aggravating factors considered in sentencing?

Answer 27

Common aggravating factors considered in sentencing include previous convictions, offenses committed while on bail, racially or religiously aggravated offenses, offenses motivated by hostility towards the victim’s sexual orientation or disability, offenses committed under the influence of alcohol or drugs, planning of an offense, and more.

Question 28

What is the purpose of fines as a sentence?

Answer 28

Fines are a financial penalty that requires a defendant to pay a certain sum of money to the court on conviction. They serve as a punishment for the offense committed.

Question 29

What is the alcohol abstinence and monitoring requirement in a community order?

Answer 29

The alcohol abstinence and monitoring requirement in a community order requires the offender to abstain from consuming alcohol or not consume alcohol so that there is more than a particular level of alcohol in their system. The maximum duration for this requirement is 120 days.

Question 30

What is the purpose of deferring a sentence?

Answer 30

A court can defer a sentence for up to six months to allow the defendant to prove that they have either ‘changed’ or that the offence was an absolute ‘one-off’. This allows the defendant to present themselves in a better light and potentially receive a lighter sentence as a result. The deferral period cannot be extended, except when the magistrates’ court defers sentence and commits the case to the Crown Court, which then has the option of deferring for a further six-month period.

Question 31

What is the maximum amount of fine that can be imposed by the magistrates’ court and the Crown Court?

Answer 31

In the magistrates’ court, fines are set on a standard scale from Level 1 (£200) to Level 5 (unlimited). In the Crown Court, the power to fine is for any amount with no upper limit.

Question 32

What happens if a defendant pleads guilty to an offense triable either way in the magistrates court?

Answer 32

If a defendant pleads guilty to an offense triable either way in the magistrates court, their powers of sentence are limited. However, if the magistrates view the offense as so serious that the Crown Court needs to pass sentence, the defendant would be committed for sentence to the Crown Court where greater sentencing powers are available.

Question 33

What is the attendance centre requirement in a community order?

Answer 33

The attendance centre requirement in a community order applies to defendants aged 18-24. Attendance centres punish the offender by loss of their free time but also provide a disciplined learning environment. The total number of hours that they must attend an attendance centre can range between 12 and 36.

Question 34

What is the purpose of obtaining other reports in sentencing?

Answer 34

Other reports may be obtained in sentencing, such as medical reports or psychiatric reports. If the court is contemplating a sentence pursuant to the Mental Health Act 1983, evidence from two medical practitioners stating that the defendant is suffering from a mental disorder must be received.

Question 35

What are the powers of the courts for summary only offenses?

Answer 35

For summary only offenses, if the defendant pleads guilty in the magistrates court, they can only be sentenced in the magistrates court. If the defendant pleads not guilty and is found guilty after trial, they must be sentenced in the magistrates court. They cannot be sent to the Crown Court for sentence.

Question 36

What happens if an offender fails to pay their fine?

Answer 36

If an offender fails to pay their fine, they may be brought back before a magistrates’ court (irrespective of which court issues the fine), and as a last resort, the defendant can be sentenced to a period of imprisonment in default.

Question 37

What are the two formal procedures for seeking an indication of sentence in the event of a guilty plea?

Answer 37

There are two formal procedures for seeking an indication of sentence in the event of a guilty plea. In the magistrates’ court, if the offence is either-way and the court has accepted jurisdiction, the defendant is entitled to ask for an indication of what their sentence would be if they remain in the magistrates’ court and plead guilty. In the Crown Court, the defendant can ask for an indication of the sentence before the PTPH or at any stage of the proceedings before the jury returns their verdict.

Question 38

What is the purpose of a community order and when is it imposed?

Answer 38

A community order is a sentence that requires a defendant to comply with one or more requirements to punish and/or rehabilitate them in the community. It is imposed when the court believes that the offense, or the combination of the offense and one or more associated offenses, was serious enough to warrant such an order.

Question 39

What happens if a defendant pleads guilty to an either-way offense in the magistrates court?

Answer 39

If a defendant pleads guilty to an either-way offense in the magistrates court, they can be sentenced in the magistrates court or sent to the Crown Court for sentence. If they plead guilty to an either-way offense in the Crown Court, they must be sentenced in the Crown Court and cannot be sent back to the magistrates court for sentence.

Question 40

What happens if a defendant pleads not guilty to an either-way offence in the magistrates’ court and is found guilty?

Answer 40

If a defendant pleads not guilty to an either-way offence in the magistrates’ court and is found guilty, the magistrates can commit the defendant for sentence in the Crown Court. In this case, the defendant must be sentenced by the Crown Court.

Question 41

What happens if an offender fails to comply with a requirement of their community order?

Answer 41

If an offender fails without reasonable excuse to comply with any requirement of their community order, they must be warned that their failure is unacceptable. If they fail again without reasonable excuse, breach proceedings must be instituted against the offender. The offender will be brought back before the court and have the breach put to them. They can either admit or deny the breach. If they deny the breach, the court will hold a trial to determine whether there was a failure without reasonable excuse.

Question 42

What factors does a court consider when determining the seriousness of an offence?

Answer 42

When determining the seriousness of an offence, the court considers the offender’s culpability in committing the offence and any harm caused, intended to cause, or might foreseeably have caused. The court also considers any aggravating or mitigating factors that may adjust the starting point of the sentence.

Question 43

What happens if a defendant is charged with an indictable only offense?

Answer 43

If a defendant is charged with an indictable only offense, which is sent to the Crown Court, and they plead guilty at the Plea and Trial Preparation hearing (PTPH) in the Crown Court, they will be sentenced in the Crown Court. Once the matter is sent to the Crown Court, it cannot be sent back to the magistrates court.

Question 44

What are the possible outcomes if an offender admits or is found guilty of breaching their community order?

Answer 44

If an offender admits the breach or the court finds that there was a breach following a denial, the court has several options for dealing with them. These options include amending the order to make it more onerous, fining the offender up to £2,500, or revoking the community order and re-sentencing the offender for the original offence. The court may also extend the period of the community order by up to six months beyond the usual three-year limit if necessary.

Question 45

What is the significance of determining the category of offense seriousness in sentencing?

Answer 45

Determining the category of offense seriousness is significant in sentencing as it sets the starting point and range for the sentence. The guidelines provide different categories based on the level of culpability and harm involved in the offense.

Question 46

What are the statutory thresholds for imposing custodial or community sentences?

Answer 46

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 associated offences, was so serious that neither a fine alone nor a community sentence can be justified. Similarly, the court must not make a community order unless it is of the opinion that the offence, or the combination of the offence and one or more associated offences, was serious enough to warrant such an order.

Question 47

What types of custodial sentences can be imposed by the court?

Answer 47

The court has the power to impose different types of custodial sentences, including determinate custodial sentences, suspended determinate custodial sentences, minimum sentences for certain offences, extended determinate sentences (EDS), mandatory life sentences for murder, and other statutory life sentences. The court also has discretion to impose custodial sentences for most imprisonable offences.

Question 48

What is the operational period in relation to a suspended sentence?

Answer 48

The operational period refers to how long the custodial term is suspended for. It must be between six months and two years.

Question 49

How does a court assess culpability and harm in determining the seriousness of an offence?

Answer 49

Culpability is assessed with reference to the offender’s role, level of intention, premeditation, and the extent and sophistication of planning. The court does not use factors inherent in the offence to assess culpability. Harm is an assessment of the damage caused to the victim, considering factors such as injuries sustained, financial loss, or additional harm suffered.

Question 50

What is the supervision period in relation to a suspended sentence?

Answer 50

The supervision period refers to how long the defendant must be supervised by the Probation Service. It is optional, but if used, it must be between six months and two years and equal to or shorter than the operational period.

Question 51

What is the purpose of considering totality in sentencing?

Answer 51

Considering totality in sentencing ensures that the final, overall sentence is just and proportionate. It takes into account the cumulative effect of multiple offenses committed by an offender.

Question 52

What factors does the court consider when imposing a custodial sentence?

Answer 52

When imposing a custodial sentence, the court must be satisfied that the offence or offences are so serious that neither a fine nor a community order can be justified. The court must also ensure that the custodial sentence is for the shortest possible period to reflect the purpose of the sentence, such as the punishment of offenders, reduction of crime, reform and rehabilitation of offenders, protection of the public, and making reparation by offenders. The court uses sentencing guidelines to assist in determining the seriousness of an offence and the length of any sentence.

Question 53

What are the potential consequences of breaching a suspended sentence?

Answer 53

If a defendant breaches a suspended sentence over the next two years, they might have to serve some or all of the original custodial sentence. Additionally, they will be supervised by the Probation Service for a specified period and may have to complete unpaid work as directed.

Question 54

What are the three professional conduct issues that arise when a client provides information relevant to their sentencing?

Answer 54

The three professional conduct issues that arise when a client provides information relevant to their sentencing are: duty to the court, confidentiality, and duty to the client.

Question 55

What is the potential consequence of misleading the court by omission in a sentencing case?

Answer 55

Misleading the court by omission in a sentencing case could result in the lawyer having to stop acting for the client.

Question 56

What happens if a defendant complies with the requirements of a suspended sentence?

Answer 56

If a defendant does not commit another offence for two years, complies with the supervision requirement, and completes the directed unpaid work, they will not serve any of the original custodial sentence.

Question 57

What is a determinate custodial sentence?

Answer 57

A determinate custodial sentence is a prison sentence for a defined period of time. The length of the sentence can vary, such as 6 weeks, 12 months, 3 years, or 8 years. Determinate custodial sentences are the most usual custodial sentences passed by the court.

Question 58

What are the minimum sentences for certain offences?

Answer 58

For some serious offences, statute prescribes minimum sentences that must be imposed unless there are exceptional circumstances. Examples include seven years for a third domestic burglary, three years for a third Class A drug trafficking offence, five years for certain firearms offences, six months for a second offence of possessing a weapon, and six months for threatening with a weapon.

Question 59

What is an extended determinate sentence (EDS)?

Answer 59

An extended determinate sentence is imposed in certain types of cases, such as specified violent, sexual, or terrorism offences, where the court has found that the offender is dangerous. It extends the licence period, not the period of custody, to protect the public from the risk of harm.

Question 60

What are the requirements for imposing an extended determinate sentence?

Answer 60

The extension period of an extended determinate sentence must be at least one year and cannot exceed five years for specified violent offences or eight years for specified sexual or terrorism offences. The overall term of an EDS imposed cannot exceed the maximum term permitted for the offence.

Question 61

When is a mandatory life sentence imposed?

Answer 61

A mandatory life sentence is imposed when a defendant is convicted of murder, which is an indictable-only offence. The court has no discretion to pass any other sentence.

Question 62

What is the minimum term for a mandatory life sentence?

Answer 62

For murder cases, the court will fix a minimum term based on starting points set out in Schedule 21 of the Sentencing Code. The Judge will decide which starting point applies and then adjust it based on aggravating and mitigating factors. In some cases, such as the most serious cases of murder, an offender may be sentenced to a whole life order, meaning they will never be released from prison.

Question 63

What are statutory life sentences?

Answer 63

Statutory life sentences are imposed for offences such as rape or robbery, where the maximum sentence is life imprisonment. However, it is rare for offenders convicted of these offences to receive a life sentence without fulfilling the statutory provisions under the Sentencing Act 2020.

Question 64

What are the conditions for imposing a life sentence for dangerous offenders?

Answer 64

To impose a life sentence for dangerous offenders, the offender must be convicted of an offence listed in Schedule 19 of the Sentencing Code, the court must view the offender as dangerous, and the offence must justify a life sentence.

Question 65

What are the conditions for imposing a life sentence for a second listed offence?

Answer 65

To impose a life sentence for a second listed offence, the offender must be convicted of an offence listed in Schedule 15 of the Sentencing Code, both the sentence condition and the previous conviction condition must be satisfied, and it must not be unjust to impose a life sentence.

Question 66

What is the maximum reduction on a guilty plea for a third domestic burglary?

Answer 66

For a third domestic burglary, the court is at liberty to pass a longer sentence than the prescribed minimum of three years. There is a maximum reduction of 20% on a guilty plea.

Question 67

Your client is charged with a six counts of theft. You speak to your client before the plea before venue and allocation hearing at the magistrates’ court. He intends to plead not guilty and he does not want to elect jury trial in the Crown Court. You explain what will happen in court and he asks what will happen if he is found guilty by the magistrates.

Which of these statements best sets out your client’s situation regarding sentencing if he is found guilty after trial?

A If he is found guilty he will be sentenced by the magistrates’ court because they have accepted jurisdiction of his case.

B If he is found guilty and the magistrates determine their sentencing powers are insufficient then he will be sent to the Crown Court for sentencing. The Crown Court will have the same sentencing powers as if he had been tried in that court.

C If he is found guilty then the magistrates can send the case to the Crown Court for sentencing. The Crown Court will be limited to the sentencing powers available in the magistrates’ court.

D If he is found guilty of more than one either way offence then the magistrates must send the matter to the Crown Court for sentencing. The Crown Court is not limited and can award any sentence available for those offences.

E If he is found guilty he will be sent to the Crown Court for sentence because he has been convicted of an either way offence. The Crown Court will have the option of imposing any sentence available for the offence.

Answer 67

B

Correct. Even though the magistrates’ court accepted jurisdiction the matter can be remitted to the Crown Court for sentence if having heard the evidence they believe their sentencing powers are insufficient. The Crown Court is not limited and can award any sentence available for those offences.
The other answers while plausible are incorrect:
- He will not definitely be sentenced in the magistrates’ court. The court can send to the Crown Court for sentencing if having heard the case they conclude their powers are not sufficient.
- An either way offence does not necessarily have to be sent to the Crown Court for sentencing
- If a case is sent to the Crown Court for sentencing then the Crown Court is not restricted to the sentencing powers of the magistrates. (Of course this would defeat the object of sending in the first place).
- The number of offences does not dictate that an either way offence must be sent to the Crown Court for sentencing.

Question 68

Your client has just received a suspended sentence for a series of burglaries in crown court. He receives a custodial sentence of 18 months suspended for two years, and a supervision period of one year. He is is a little bit confused by the sentence, so you speak to him after the sentence hearing. In particular he wants to know what will happen if he commits a further offence.

Which of these best summarises the advice you should give your client?

A If you commit any offence during the operational period of two years then some of all of your 18 month suspended sentence can be activated.

B If you commit any offence during the operational period of two years then the court will resentence you for your original offence.

C If you commit any offence during the operation period that it is unlikely that your suspended sentence of 18 months will be activated unless you failed to engage with probation.

D If you commit any offence during your supervision period then you will be given a warning by probation, though any subsequent offences will result in the activation of your 18 month custodial sentence.

E If you commit any offence during the supervision period of one year then some of all of your 18 month suspended sentence will be activated.

Answer 68

A

Correct. There is an assumption that the suspended sentence will be activated (whole or in part) unless it is unjust to do so.
The other answers whilst plausible are not correct:
- It is not just during the supervision period that a further offence would activate the sentence. Of course, during supervision the client would be expected to work with probation and failure to do so might result in a breach of the suspended sentence.
- The court does not resentence - i.e. look again at the offence - but the sentence is activated instead.
- An offence is unlikely to result in just a warning from probation (whereas a breach of license conditions would). There is an assumption that it would be activated unless unjust to do so.
- It is very likely that a further offence would result in the activation of a suspended sentence.

Question 69

The defendant (D) is charged with an offence of Possession with Intent to Supply Controlled Drugs (Class A). The facts are that she was found in possession of 200 wraps of cocaine. D pleads guilty to the offence at the Plea and Trial Preparation Hearing. D advances a basis of plea that whilst the drugs were theirs, they were for the use of D and their friends. The prosecution case is that D was part of a significant commercial operation to supply drugs.

Which of the following best describes the advice you would give D regarding their basis of plea?

A The judge is likely to order a Newton Hearing.

B The judge is likely to order a trial.

C The judge is likely to hold a voir dire to determine which version to accept.

D The judge is likely to proceed to sentence accepting D’s account

E The judge is likely to proceed to sentence on the Prosecution’s case.

Answer 69

A

Correct. This answer reflects the position when the judge does not find the basis of plea absurd or equivocal but the Defendant’s basis would materially affect sentence.
The other options were incorrect.
Sentencing on D’s account without enquiry is unlikely to occur when the difference in the case for the Defence and Prosecution is likely to create a material difference in sentence.
The judge is likely to order a trial in the event of an equivocal plea, which does not arise on this scenario.
Sentencing on the Prosecution account is unlikely unless D’s case is considered absurd.

Question 70

Your client is sentenced for a series of thefts in the magistrates’ court. He is given a conditional discharge of 12 months on 10th January 2021. 10 months later he commits a further theft offence and is arrested on 12th February 2022. His first hearing at the magistrates’ court is on 13th February 2022.

Which of these statements best explains what will happen with regard to your client’s conditional discharge?

A The court will sentence your client for the new offence and may resentence him for the original offence.

B The court will sentence your client for the new offence, and activate the suspended sentence of 12 months.

C The court will sentence your client for the new offence, but not the original offence a the conditional discharge has expired.

D The court will sentence your client for the new offence, and will resentence him for a period of 12 months custody.

E The court will sentence your client for the new offence, and breach of the conditional discharge will be an aggravating factor.

Answer 70

A

Correct. The key date is the date of the new offence which falls within the 12 month conditional discharge (it is 10 months from the original sentence). The court may resentence him, but it is not an obligation.
The other answers whilst plausible are not correct:
- The original sentence has not expired as the offence took place after 10 months. Key is the date of the offence, not when the court disposes of the matter.
- A conditional discharge should not be confused with a suspended sentence - it is not activated as such.
- The court ‘may’ re-sentence for the original but they are not bound to or bound to a particular sentence.
- Breach of a conditional discharge might be an aggravating factor, but the court would also consider re-sentencing for the original offence or offences.

Question 71

You attend Crown Court with your client on the first day of trial for assault occasioning grievous bodily harm. In conference with your client she tells you that she wants to plead guilty. She asks you what kind of reduction in her sentence(if any) she will receive.

Which of these statements best summarises her situation regarding a guilty plea?

A reduction of up to 1/4 is available as the trial has not started yet, but this is at the discretion of the judge.

The trial is about to start so no reduction in sentence is available.

A reduction is at the discretion of the judge and will be a maximum of 1/10. She can plead guilty at any stage during the trial to obtain a discount.

A reduction of 1/10 must be given by the judge.

A reduction is at the discretion of the judge and will be a maximum of 1/10.

Answer 71

A reduction is at the discretion of the judge and will be a maximum of 1/10

he judge has a discretion to grant up to a 1/10 discount on sentence for a guilty plea on the first day of trial. However, the exact discount will depend on the case and the circumstances of the plea.
The other answers whilst plausible are incorrect:
- A slight reduction might be available during trial, but she could not expect to plead guilty shortly before conclusion of the trial.
- The judge is not obliged to give the full 1/10 discount for the guilty plea, and might award a lower discount or non at all.
- A discount of up to 1/4 would be available after the first stage of proceedings, but thereafter on a sliding scale with a maximum of 1/10 on the day of trial.
- Discount is available on the first day of trial. This reduces waste in terms of time and resources by offering a defendant an incentive not to run a trial.