Podcast
Questions and Answers
What determines whether an offence has a terrorist connection?
What determines whether an offence has a terrorist connection?
- The nature and circumstances of the offence. (correct)
- It depends on the offender's intent.
- The location where the offence was committed.
- The offender's past criminal history.
Which of the following is NOT a general mitigating factor for sentencing?
Which of the following is NOT a general mitigating factor for sentencing?
- The harm caused by the offence is less than usually serious.
- Significantly lower culpability of the offender.
- Good character and a clean record.
- The offender's cooperation with law enforcement. (correct)
What might lead a court to suspend a custodial sentence?
What might lead a court to suspend a custodial sentence?
- Strong personal mitigation. (correct)
- A history of violent offences.
- Lies told by the offender during trial.
- Public outcry for a harsh sentence.
What should a court consider when weighing mitigating factors?
What should a court consider when weighing mitigating factors?
Which example shows significant personal mitigation according to the overarching guideline?
Which example shows significant personal mitigation according to the overarching guideline?
What is the court's discretion regarding mitigating factors?
What is the court's discretion regarding mitigating factors?
Which of the following reflects higher culpability on the part of the offender?
Which of the following reflects higher culpability on the part of the offender?
What does the presence of aggravating factors in a case indicate?
What does the presence of aggravating factors in a case indicate?
What principle is emphasized regarding custodial sentences in E13.9?
What principle is emphasized regarding custodial sentences in E13.9?
Which section states that custodial sentences do not apply if the sentence is fixed by law?
Which section states that custodial sentences do not apply if the sentence is fixed by law?
In determining the length of a custodial sentence, what must the court consider according to E13.9?
In determining the length of a custodial sentence, what must the court consider according to E13.9?
What does the SA 2020, s. 77(3) allow regarding sentence mitigation?
What does the SA 2020, s. 77(3) allow regarding sentence mitigation?
What is the relationship between the offence and associated offences according to E13.9?
What is the relationship between the offence and associated offences according to E13.9?
What does E13.10 indicate about the total sentence for multiple offences?
What does E13.10 indicate about the total sentence for multiple offences?
What role do aggravating or mitigating factors play in custodial sentencing?
What role do aggravating or mitigating factors play in custodial sentencing?
Which of the following statements about custodial sentences is true?
Which of the following statements about custodial sentences is true?
What is one condition that must be met for a court to issue an order for absolute discharge?
What is one condition that must be met for a court to issue an order for absolute discharge?
Which factor is NOT considered by the court when deciding on an absolute discharge?
Which factor is NOT considered by the court when deciding on an absolute discharge?
What does an absolute discharge imply regarding the payment of a surcharge?
What does an absolute discharge imply regarding the payment of a surcharge?
Which of the following can be combined with an absolute discharge?
Which of the following can be combined with an absolute discharge?
If an offender receives an absolute discharge for one offence, what is true regarding other offences?
If an offender receives an absolute discharge for one offence, what is true regarding other offences?
Which type of order cannot be made in conjunction with an absolute discharge?
Which type of order cannot be made in conjunction with an absolute discharge?
Under which section does the court have the power to make an order for absolute discharge?
Under which section does the court have the power to make an order for absolute discharge?
What must a court consider to determine if it is inexpedient to inflict punishment on the offender?
What must a court consider to determine if it is inexpedient to inflict punishment on the offender?
What factor must the court consider when an offence is committed while the offender is on bail?
What factor must the court consider when an offence is committed while the offender is on bail?
What must the court do if a previous conviction is treated as an aggravating factor?
What must the court do if a previous conviction is treated as an aggravating factor?
How does the time elapsed since a relevant previous conviction affect its consideration as an aggravating factor?
How does the time elapsed since a relevant previous conviction affect its consideration as an aggravating factor?
In cases of hostility, how does the court handle offences increased by racial and religious hostility?
In cases of hostility, how does the court handle offences increased by racial and religious hostility?
What is the definition of the 'current offence' when considering a previous conviction?
What is the definition of the 'current offence' when considering a previous conviction?
What should NOT be a factor in imposing a sentence for a current offence?
What should NOT be a factor in imposing a sentence for a current offence?
Which of the following best describes when a one-third reduction is normally applied at the PTPH?
Which of the following best describes when a one-third reduction is normally applied at the PTPH?
What should be a public requirement when an offence is aggravated by a previous conviction?
What should be a public requirement when an offence is aggravated by a previous conviction?
What must a court do if the offender is aged 18 or over before forming an opinion?
What must a court do if the offender is aged 18 or over before forming an opinion?
Under what condition can a court proceed without obtaining a pre-sentence report?
Under what condition can a court proceed without obtaining a pre-sentence report?
What purpose do properly formulated victim personal statements serve in court proceedings?
What purpose do properly formulated victim personal statements serve in court proceedings?
What does the Sentencing Act 2020 state regarding mentally disordered offenders?
What does the Sentencing Act 2020 state regarding mentally disordered offenders?
In what situation might a custodial or community sentence be deemed valid despite not having a pre-sentence report?
In what situation might a custodial or community sentence be deemed valid despite not having a pre-sentence report?
Which of the following statements about victim statements is true?
Which of the following statements about victim statements is true?
What is a requirement for forming an opinion regarding a case under the pre-sentence report rules?
What is a requirement for forming an opinion regarding a case under the pre-sentence report rules?
What does section 232(2) of the Sentencing Act state regarding medical reports?
What does section 232(2) of the Sentencing Act state regarding medical reports?
What was the key finding of the Court of Appeal in the A-G's Ref (No. 41 of 1994) case regarding the imposed fines?
What was the key finding of the Court of Appeal in the A-G's Ref (No. 41 of 1994) case regarding the imposed fines?
According to the guidelines for the imposition of fines, what scenario typically precludes the maximum penalty?
According to the guidelines for the imposition of fines, what scenario typically precludes the maximum penalty?
What principle was highlighted by Lord Lane CJ regarding the imposition of fines?
What principle was highlighted by Lord Lane CJ regarding the imposition of fines?
What was the issue with the sentencing in the Reeves case according to Roskill LJ?
What was the issue with the sentencing in the Reeves case according to Roskill LJ?
What does section 125(2) of the SA 2020 indicate regarding fine levels?
What does section 125(2) of the SA 2020 indicate regarding fine levels?
What does a 'community order' imply under the SA 2020?
What does a 'community order' imply under the SA 2020?
According to the principles established, what should not occur if an offender is financially stable?
According to the principles established, what should not occur if an offender is financially stable?
How should the proportionality between an offense and a fine be maintained?
How should the proportionality between an offense and a fine be maintained?
Flashcards
Bail Violations
Bail Violations
Offences committed while an offender is on bail. The court must consider this an aggravating factor in sentencing.
Previous Convictions
Previous Convictions
Relevant past convictions considered by the court when sentencing a new crime. The court must treat each one as an aggravating factor if appropriate.
Aggravating Factors (Bail)
Aggravating Factors (Bail)
The fact that an offence is committed while on bail. The court must specifically state it as aggravating.
Aggravating Factors (Previous Convictions)
Aggravating Factors (Previous Convictions)
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Disproportionate Sentences
Disproportionate Sentences
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Unequivocal Indication of Guilt
Unequivocal Indication of Guilt
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One-third Reduction
One-third Reduction
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Racial/Religious Hostility
Racial/Religious Hostility
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Terrorist Connection
Terrorist Connection
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Sentencing Act 2020, ss. 77 and 78
Sentencing Act 2020, ss. 77 and 78
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General Aggravating Factors
General Aggravating Factors
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General Mitigating Factors
General Mitigating Factors
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Basis of Opinion Provisions
Basis of Opinion Provisions
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Overarching Principles
Overarching Principles
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Personal Mitigation
Personal Mitigation
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Sentencing Discretion
Sentencing Discretion
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Pre-sentence Report Requirements
Pre-sentence Report Requirements
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Victim Personal Statements
Victim Personal Statements
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Mentally Disordered Offenders
Mentally Disordered Offenders
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Custodial Sentence
Custodial Sentence
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Community Sentence
Community Sentence
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Sentencing Act 2020
Sentencing Act 2020
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Medical Reports
Medical Reports
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Notional Sentence
Notional Sentence
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Absolute Discharge
Absolute Discharge
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Availability of Absolute Discharge
Availability of Absolute Discharge
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Inexpedient to Punish
Inexpedient to Punish
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Nature of the Offence
Nature of the Offence
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Character of Offender
Character of Offender
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Combining Absolute Discharge with Other Orders
Combining Absolute Discharge with Other Orders
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Absolute Discharge & Punishments
Absolute Discharge & Punishments
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Discharge for Multiple Offences
Discharge for Multiple Offences
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Fine Reduction for Guilty Plea
Fine Reduction for Guilty Plea
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Maximum Fine Threshold
Maximum Fine Threshold
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Financial Considerations (Fines)
Financial Considerations (Fines)
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Custodial vs. Fine
Custodial vs. Fine
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Proportionality (Fines)
Proportionality (Fines)
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Community Order
Community Order
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Sentencing Guidelines (2020)
Sentencing Guidelines (2020)
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Fine & Mitigation
Fine & Mitigation
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Shortest Possible Sentence
Shortest Possible Sentence
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Associated Offences
Associated Offences
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Fixed Sentences
Fixed Sentences
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Total Sentence
Total Sentence
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Sentencing Discretion
Sentencing Discretion
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Mitigating Factors
Mitigating Factors
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Aggravating Factors
Aggravating Factors
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Disproportionate Sentence
Disproportionate Sentence
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Study Notes
Sentencing Principles
- Sentencing principles guide the purposes of sentencing and sentencing guidelines set out in section 57 of the Sentencing Act 2020, General Guideline: Overarching Principles, and the use of sentencing guidelines.
- Assessment of seriousness considers guilty pleas, aggravating/mitigating factors, and the totality principle.
- Pre-sentence reports, medical reports, and victim personal statements are crucial factors.
- Sentencing guidelines outline offence ranges, which must be considered in sentencing.
- Sentencing procedures vary in Crown Court and magistrates' courts.
Sentencing Code
- The Sentencing Code applies to convictions on or after December 1, 2020, regardless of the offense date. Exceptions include resentencing of offenders with pre-2020 convictions and breaches of pre-Code orders.
Purposes of Sentencing
- Courts must consider:
- Punishment of offenders;
- Reduction of crime (deterrence);
- Reform and rehabilitation of offenders;
- Protection of the public; and
- Reparation by offenders to those affected by their offences.
- Section 57(1) applies to offenders aged 18 or over at conviction.
- Section 57(3) excludes offences with mandatory sentences, hospital orders, and interim, hospital, or limitation directions. It also does not apply to offenders under 18.
Sentencing Guidelines
- The Sentencing Council's guidelines provide clarity on assessing seriousness, mitigating and aggravating factors, the totality principle, guilty pleas, and prevalence.
Guilty Pleas (Mitigation)
- Section 73 allows for reductions in sentences for guilty pleas.
- The stage and circumstances for indicating guilty pleas are considered.
- The benefit of a guilty plea applies irrespective of the strength of the evidence.
- Minimum sentences tied to an offense might restrict the sentencing power slightly but are subject to review by the courts in certain cases.
- If a mandatory sentence applies but the offender is 16 to 17 years old, they are subject to a review and subsequent imposition of a suitable sentence.
Offences Committed on Bail
- The Sentencing Act 2020, section 64 clarifies that committing an offence while on bail is an aggravating factor.
- The aggravation is particularly notable if the offence is similar to the one for which bail was granted.
Previous Convictions
- Section 65 of the Sentencing Act 2020 mandates considering relevant previous convictions as aggravating factors.
- The nature of the previous offence and the time elapsed are considered.
- A severe sentence should not be solely based on a bad record, and should be considered proportionate to the seriousness of the current offense.
Hostility
- Section 66 lists racial, religious, disability, and sexual orientation hostility as aggravating factors.
- Courts must specify when such hostility is considered in sentencing.
Terrorist Connection
- Section 69 considers terrorist connection a special aggravating factor.
- An offense is considered a terrorist connection if it is a terrorist act or committed for terrorist purposes.
General Aggravating Factors
- General sentencing guidelines (overarching principles) outline aggravating factors, such as previous convictions, offense committed on bail, hostility, or terrorist connection.
General Mitigating Factors
- General guideline (overarching principles) provides a list of mitigating factors.
- Lies are not an aggravating factor (prior to trial).
- The seriousness of the offense may diminish the significance of mitigating personal factors.
Judicial Indications of Sentence
- A court should not provide a sentence indication unless sought by the defendant.
- A court may indicate that the sentence will be the same whether the case proceeds by plea or goes to trial; but only where sentence will vary according to the plea.
- An indication is binding on the judge and future judges in the case.
- An indication ceases to be binding if the guidelines from the Court of Appeal or the Sentencing Council change.
Offences Committed on Bail, Previous Convictions and Hostility
- These sections define additional factors that must be considered as aggravating or mitigating factors in a sentence.
Offences Committed on Bail
- The Act imposes an aggravating factor of an offense committed while on bail; with particular importance given when similar to the offence for which bail was granted.
Victim Personal Statements
- Victim impact statements, medical reports, and pre-sentence reports are important factors in sentencing.
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