Unit 3 - Sentencing
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Questions and Answers

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?

  • 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?

  • 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?

    <p>The seriousness of the offence.</p> Signup and view all the answers

    Which example shows significant personal mitigation according to the overarching guideline?

    <p>The offender is a first-time offender.</p> Signup and view all the answers

    What is the court's discretion regarding mitigating factors?

    <p>The court decides the weight based on individual case circumstances.</p> Signup and view all the answers

    Which of the following reflects higher culpability on the part of the offender?

    <p>The use of a weapon during the offence.</p> Signup and view all the answers

    What does the presence of aggravating factors in a case indicate?

    <p>The offence is particularly serious.</p> Signup and view all the answers

    What principle is emphasized regarding custodial sentences in E13.9?

    <p>Custodial sentences should be as short as possible within legal limits.</p> Signup and view all the answers

    Which section states that custodial sentences do not apply if the sentence is fixed by law?

    <p>Section 231(3)</p> Signup and view all the answers

    In determining the length of a custodial sentence, what must the court consider according to E13.9?

    <p>Circumstances of the offence and associated offences.</p> Signup and view all the answers

    What does the SA 2020, s. 77(3) allow regarding sentence mitigation?

    <p>It permits the application of a totality rule for multiple offences.</p> Signup and view all the answers

    What is the relationship between the offence and associated offences according to E13.9?

    <p>They may influence the length of the custodial sentence.</p> Signup and view all the answers

    What does E13.10 indicate about the total sentence for multiple offences?

    <p>It may be disproportionate to the seriousness of the overall behaviour.</p> Signup and view all the answers

    What role do aggravating or mitigating factors play in custodial sentencing?

    <p>They influence the court’s opinion on sentence length.</p> Signup and view all the answers

    Which of the following statements about custodial sentences is true?

    <p>Custodial sentences must adhere to the maximum sentence allowed for the offence.</p> Signup and view all the answers

    What is one condition that must be met for a court to issue an order for absolute discharge?

    <p>The offence must not be one that has a mandatory sentence requirement.</p> Signup and view all the answers

    Which factor is NOT considered by the court when deciding on an absolute discharge?

    <p>Public opinion on the case</p> Signup and view all the answers

    What does an absolute discharge imply regarding the payment of a surcharge?

    <p>No surcharge is payable.</p> Signup and view all the answers

    Which of the following can be combined with an absolute discharge?

    <p>Driving disqualification</p> Signup and view all the answers

    If an offender receives an absolute discharge for one offence, what is true regarding other offences?

    <p>The court is free to impose sentences for the other offences.</p> Signup and view all the answers

    Which type of order cannot be made in conjunction with an absolute discharge?

    <p>Community order</p> Signup and view all the answers

    Under which section does the court have the power to make an order for absolute discharge?

    <p>S79(2)</p> Signup and view all the answers

    What must a court consider to determine if it is inexpedient to inflict punishment on the offender?

    <p>Circumstances surrounding the offence and the offender's character</p> Signup and view all the answers

    What factor must the court consider when an offence is committed while the offender is on bail?

    <p>The offence type for which bail was originally granted</p> Signup and view all the answers

    What must the court do if a previous conviction is treated as an aggravating factor?

    <p>State in open court that the offence is aggravated</p> Signup and view all the answers

    How does the time elapsed since a relevant previous conviction affect its consideration as an aggravating factor?

    <p>It can be considered, particularly depending on the elapsed time</p> Signup and view all the answers

    In cases of hostility, how does the court handle offences increased by racial and religious hostility?

    <p>This does not apply to certain specified offences</p> Signup and view all the answers

    What is the definition of the 'current offence' when considering a previous conviction?

    <p>The latest offence committed by the offender</p> Signup and view all the answers

    What should NOT be a factor in imposing a sentence for a current offence?

    <p>A past record of multiple misdemeanours</p> Signup and view all the answers

    Which of the following best describes when a one-third reduction is normally applied at the PTPH?

    <p>If the defendant pleads guilty in the magistrates' court</p> Signup and view all the answers

    What should be a public requirement when an offence is aggravated by a previous conviction?

    <p>The court must announce in open court that the offence is aggravated</p> Signup and view all the answers

    What must a court do if the offender is aged 18 or over before forming an opinion?

    <p>Obtain and consider a pre-sentence report</p> Signup and view all the answers

    Under what condition can a court proceed without obtaining a pre-sentence report?

    <p>If the court believes it is unnecessary in the circumstances</p> Signup and view all the answers

    What purpose do properly formulated victim personal statements serve in court proceedings?

    <p>They provide insight into the victim's experience of the offense</p> Signup and view all the answers

    What does the Sentencing Act 2020 state regarding mentally disordered offenders?

    <p>The court must obtain a medical report before sentencing them</p> Signup and view all the answers

    In what situation might a custodial or community sentence be deemed valid despite not having a pre-sentence report?

    <p>If the court considers the circumstances made it unnecessary</p> Signup and view all the answers

    Which of the following statements about victim statements is true?

    <p>They provide the court insight into the impact of the crime</p> Signup and view all the answers

    What is a requirement for forming an opinion regarding a case under the pre-sentence report rules?

    <p>Receiving a pre-sentence report</p> Signup and view all the answers

    What does section 232(2) of the Sentencing Act state regarding medical reports?

    <p>The court may choose not to order them if unnecessary</p> Signup and view all the answers

    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?

    <p>The fines were deemed absurd and unduly lenient.</p> Signup and view all the answers

    According to the guidelines for the imposition of fines, what scenario typically precludes the maximum penalty?

    <p>Significant mitigation such as a guilty plea.</p> Signup and view all the answers

    What principle was highlighted by Lord Lane CJ regarding the imposition of fines?

    <p>Fines serve as a reminder of wrongdoing.</p> Signup and view all the answers

    What was the issue with the sentencing in the Reeves case according to Roskill LJ?

    <p>The offender's financial status influenced the sentence unduly.</p> Signup and view all the answers

    What does section 125(2) of the SA 2020 indicate regarding fine levels?

    <p>Fines can be increased for wealthy offenders to enhance impact.</p> Signup and view all the answers

    What does a 'community order' imply under the SA 2020?

    <p>It is an order applied to adults upon conviction.</p> Signup and view all the answers

    According to the principles established, what should not occur if an offender is financially stable?

    <p>They should not be imprisoned for failing to pay a fine.</p> Signup and view all the answers

    How should the proportionality between an offense and a fine be maintained?

    <p>The fine amount should reflect both the offense and the offender's situation.</p> Signup and view all the answers

    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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    Sentencing Principles Blackstone's Reading Notes PDF

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