Sentencing Factors in Criminal Law

Sentencing Factors

• The court must consider various factors when deciding the type and duration of a sentence.
• The Powers of Criminal Courts (Sentencing) Act 2000 (PCCSA 2000) consolidates relevant sentencing laws.

Seriousness of the Offence

• The court initially assesses the seriousness of the offense.
• Aggravating factors increase the offense's seriousness, while mitigating factors lessen it.
• Racially aggravated offenses are treated as aggravating factors (PCCSA 2000, s153).

Defendant's Record

• The court examines the defendant's previous convictions, if any.
• Information is sourced from police antecedent statements.
• Offences committed while on bail are considered aggravating factors (PCCSA 2000, s151(2)).
• Minimum sentences may apply for repeat offenses:
  • Second serious offense: life sentence (unless exceptional circumstances) (PCCSA 2000, s109).
  • Third Class A drug trafficking offense: at least 7 years (unless specific circumstances)(PCCSA 2000, s110).
  • Third domestic burglary (over 18): at least 3 years (unless specific circumstances) (PCCSA 2000, s111).
  • Appeals against minimum sentences are possible if a previous conviction is overturned (PCCSA 2000, s112).

Plea in Mitigation

• The defendant's lawyer (or the defendant) presents a plea in mitigation, explaining mitigating circumstances and remorse.
• The court can take into account any relevant mitigating factors (PCCSA 2000, s158).

Reports

• Pre-Sentence Reports (PSRs) are required unless deemed unnecessary (PCCSA 2000, ss36 and 81).
  • Prepared by probation officers after interviewing the defendant.
  • Contain assessments of offending behavior, risk to the public, and recommendations for reducing reoffending (PCCSA 2000, s81).
• Medical reports may be required to assess physical or mental health (PCCSA 2000, s82).

Sentence

• Sentencing is a two-stage process:
  • Type of sentence:
    • Custodial sentence
    • Community sentence
    • Fine
    • Discharge
  • Tariff (duration or amount):
    • Magistrates' Court Sentencing Guidelines provide starting points for common offenses.
    • Court of Appeal provides sentencing guidelines for judges in the Crown Court.
    • Sentencing Advisory Panel advises the Court of Appeal on guidelines.

Sentencing Guidance

• Custodial sentences:
  • Only justifiable if the offense is exceptionally serious (PCCSA 2000, s79(2)).
  • For violent or sexual offenses, custody must protect the public (PCCSA 2000, s79(2)).
  • Must be commensurate with the offense's seriousness (PCCSA 2000, s80(2)).
  • Extended sentences (10 or 5 years) can be imposed in cases of sexual or violent offenses to protect the public and ensure rehabilitation (PCCSA 2000, s85).
• Community sentences:
  • Must be suitable for the offender (PCCSA 2000, s35).
  • Restrictions on liberty must be proportionate to the offense's seriousness (PCCSA 2000, s35(3)).
• Fines:
  • The court must inquire into the defendant's financial circumstances before imposing a fine (PCCSA 2000, s128).

Guilty Pleas

• Reductions in sentence may be possible for guilty pleas (PCCSA 2000, s152).
• The court must state in open court if a reduced sentence was given due to a guilty plea.