Sentencing Principles and Process
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Questions and Answers

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?

  • 1/3
  • 1/4 (correct)
  • 1/2
  • 1/5
  • In what circumstances can a court request a pre-sentence report from the National Probation Service?

  • For all types of offences
  • Only for indictable offences
  • For community sentencing and sometimes in custodial sentencing (correct)
  • Only for summary offences
  • What does the National Probation Service report on in their pre-sentence reports?

  • Defendant's background, family circumstances, and likelihood of reoffending (correct)
  • Defendant's social media activity
  • Defendant's legal representation
  • Defendant's financial status
  • According to S59(1) Sentencing Act 2020, when must a court follow the sentencing guidelines?

    <p>Only when it is in the interests of justice to do so</p> Signup and view all the answers

    What factors must the court consider in sentencing according to S63 Sentencing Act 2020?

    <p>Culpability and harm</p> Signup and view all the answers

    What are the general principles to sentencing that the court must have regard to?

    <p>Punishment, rehabilitation, and protection of the public</p> Signup and view all the answers

    What is the process for sentencing in both Crown Court (CC) and Magistrates' Court (MC)?

    <p>The court considers pre-sentencing reports, CPS presents sentencing facts, D makes mitigation plea, and court makes sentencing decision in open court</p> Signup and view all the answers

    What does TICs stand for in the context of sentencing?

    <p>Offences Taken into Consideration</p> Signup and view all the answers

    What advantage does deferring sentence provide to the defendant?

    <p>The defendant can defer sentence up to six months under strict conditions</p> Signup and view all the answers

    What does TICs (Offences Taken into Consideration) allow defendants to do?

    <p>Confess to offences committed but not been prosecuted for, to have them taken into account at sentencing of main offence</p> Signup and view all the answers

    What is the maximum time period within which a defendant can defer their sentence under sections 3 to 13 of the Sentencing Act 2020?

    <p>6 months</p> Signup and view all the answers

    In the context of sentencing, what is the purpose of a schedule of TICs (Offences Taken into Consideration) prepared by the police?

    <p>To have unprosecuted offenses taken into account at the sentencing of the main offense</p> Signup and view all the answers

    What does the Sentencing Act 2020 set out as the general principles that the court must consider in sentencing?

    <p>Punishment of offenders, rehabilitation of offenders, and protection of the public</p> Signup and view all the answers

    What must the CPS (Crown Prosecution Service) do during the sentencing steps process in both Crown Court (CC) and Magistrates' Court (MC)?

    <p>Set out any costs or compensation orders</p> Signup and view all the answers

    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?

    <p>Committing further offenses during the deferral period</p> Signup and view all the answers

    What is the step in the sentencing process where the defendant makes a mitigation plea, including totality and guilty plea reductions?

    <p>D will make mitigation plea</p> Signup and view all the answers

    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?

    <p>1/4 reduction</p> Signup and view all the answers

    In what circumstances can a court request a pre-sentence report from the National Probation Service?

    <p>If the court is considering custodial sentencing</p> Signup and view all the answers

    What must the court consider in sentencing according to S63 Sentencing Act 2020?

    <p>The seriousness of the offence by assessing the culpability and harm caused or might have caused</p> Signup and view all the answers

    What is the purpose of deferring sentence for a defendant?

    <p>To allow the defendant to show evidence of reformed behavior</p> Signup and view all the answers

    What does TICs stand for in the context of sentencing?

    <p>Offences Taken into Consideration</p> Signup and view all the answers

    What does NPS (National Probation Service) report on in their pre-sentence reports?

    <p>Defendant's background, family circumstances, lead up to crime, likelihood of reoffending</p> Signup and view all the answers

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