22 Questions
What is the maximum reduction in sentence a defendant can receive for a guilty plea if they plead guilty at the next hearing after the first hearing in the Magistrates Court for an either way offence?
1/4
In what circumstances can a court request a pre-sentence report from the National Probation Service?
For community sentencing and sometimes in custodial sentencing
What does the National Probation Service report on in their pre-sentence reports?
Defendant's background, family circumstances, and likelihood of reoffending
According to S59(1) Sentencing Act 2020, when must a court follow the sentencing guidelines?
Only when it is in the interests of justice to do so
What factors must the court consider in sentencing according to S63 Sentencing Act 2020?
Culpability and harm
What are the general principles to sentencing that the court must have regard to?
Punishment, rehabilitation, and protection of the public
What is the process for sentencing in both Crown Court (CC) and Magistrates' Court (MC)?
The court considers pre-sentencing reports, CPS presents sentencing facts, D makes mitigation plea, and court makes sentencing decision in open court
What does TICs stand for in the context of sentencing?
Offences Taken into Consideration
What advantage does deferring sentence provide to the defendant?
The defendant can defer sentence up to six months under strict conditions
What does TICs (Offences Taken into Consideration) allow defendants to do?
Confess to offences committed but not been prosecuted for, to have them taken into account at sentencing of main offence
What is the maximum time period within which a defendant can defer their sentence under sections 3 to 13 of the Sentencing Act 2020?
6 months
In the context of sentencing, what is the purpose of a schedule of TICs (Offences Taken into Consideration) prepared by the police?
To have unprosecuted offenses taken into account at the sentencing of the main offense
What does the Sentencing Act 2020 set out as the general principles that the court must consider in sentencing?
Punishment of offenders, rehabilitation of offenders, and protection of the public
What must the CPS (Crown Prosecution Service) do during the sentencing steps process in both Crown Court (CC) and Magistrates' Court (MC)?
Set out any costs or compensation orders
What action could lead to a stricter punishment for a defendant who has deferred their sentence under sections 3 to 13 of the Sentencing Act 2020?
Committing further offenses during the deferral period
What is the step in the sentencing process where the defendant makes a mitigation plea, including totality and guilty plea reductions?
D will make mitigation plea
What is the maximum reduction in sentence a defendant can receive for a guilty plea if they plead guilty at the next hearing after the first hearing in the Magistrates Court for an indictable only offence?
1/4 reduction
In what circumstances can a court request a pre-sentence report from the National Probation Service?
If the court is considering custodial sentencing
What must the court consider in sentencing according to S63 Sentencing Act 2020?
The seriousness of the offence by assessing the culpability and harm caused or might have caused
What is the purpose of deferring sentence for a defendant?
To allow the defendant to show evidence of reformed behavior
What does TICs stand for in the context of sentencing?
Offences Taken into Consideration
What does NPS (National Probation Service) report on in their pre-sentence reports?
Defendant's background, family circumstances, lead up to crime, likelihood of reoffending
Test your knowledge on the general principles of sentencing and the sentencing process according to Revision S57(2) Sentencing Act 2020, including the factors that the court must consider and the steps involved in the sentencing process.
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