Fichas
Topic 22 - Sentencing
Fichas del conjunto (27)
- 11. What is the maximum sentence that can be passed in the Magistrates Court?6 months (or 12 months in total for multiple either-way offences);
Fine up to £5,000 - 22. What do the magistrates have regard to in determining sentence?The Magistrate’s Court Sentencing Guidelines
- 33. What option is open to the Magistrates in respect of either-way offences if they consider their sentencing powers are inadequate?Commit D to Crown Court for sentencing (per s3 PCC(S)A 2000)
- 44. What is the Crown Court’s maximum sentencing power when hearing an appeal from the Magistrates’ Court?Limited to those of the Magistrates’ Court
- 55. Under what circumstances may the Crown Court impose a sentence of long term detention on a youth defendant?Offence punishable with 14 years imprisonment or more; or
Offence is specified in s.91 - 66. When will Magistrates need to consider a Pre-Sentence Report?When considering passing a custodial sentence (inc suspended sentence) or community penalty.
- 77. How does sentencing proceed in Magistrates’ Court?i. P will open the Facts of the offence (unless just been convicted);
ii. P will provide court with a copy of D’s Antecedants;
iii. P may apply for its Costs from D;
iv. D allowed to Mitigate;
v. Magistrates will pass Sentence, sometimes after a period of retirement;
(FACMS) - 88. What is the burden and standard of proof in a Newton hearing?On the prosecution, beyond reasonable doubt
- 99. Under what circumstances will a Newton hearing not be held?– Dispute is immaterial to sentence;
- D’s version is implausible;
- D’s contention does not contradict the P case. - 1010. What is a Goodyear indication?An indication given by a judge of the maximum sentence he would pass if a guilty plea were entered immediately
- 1111. Does a judge have to give a Goodyear indication when requested?No. Has an unfettered discretion to refuse.
- 1212. Under what circumstances would it not be appropriate to seek a Goodyear indication?When there is a material dispute as to facts between P and D
- 1313. For how long is a Goodyear indication binding, and on whom?Ceases to have effect after a reasonable opportunity to plead guilty has passed, but until then binding on everyone.
- 1414. What is the prosecution’s role in sentencing?– Open the Facts;
- Outline any Aggravating and Mitigating factors disclosed by P case;
- State any relevant Statutory provisions (e.g. minimum sentence);
- Draw court’s attention to relevant Sentencing guidelines and/or case law;
- Put forward views of Victim, where appropriate;
- Applications for Costs, compensation etc.
(FAMSSVC) - 1515. What additional responsibilities does P counsel have if D unrepresented?To make sure court is aware of any personal mitigation relevant to D.
- 1616. What is the purpose of imprisonment?Punish offenders;
- Reduce crime by deterrence;
- Protect the public;
- Reform and rehabilitate offenders;
- Provide Reparation to victims.
(PR PR PR) - 1717. How is seriousness determined?Culpability + harm
- 1818. What are the four basic levels of culpability?Intention;
Recklessness;
Knowledge;
Negligence. - 1919. Give some examples of statutory aggravating factors– Offence committed whilst on bail;
- Offence racially or religiously aggravated;
- Offence motivated by, or demonstrated hostility to, victim’s sexual orientation or disability;
- Offender has previous convictions. - 2020. What factors might increase culpability?– Intention to cause more harm than actually did;
- Planning;
- Offence involved abuse of power or breach of trust;
- Professional offending;
- Operating in a group;
- Use of a weapon;
- Offence committed whilst under influence of drink/drugs. - 2121. What factors might increase harm?Multiple victims;
Vulnerable victim;
Victim a public sector worker;
Sustained assault. - 2222. What are common mitigating factors re culpability?- D’s youth;
- D suffers from mental illness or disability;
- Greater degree of provocation;
- D only played minor role;
- No planning;
- Prompt surrender. - 2323. What are common mitigating factors re harm?- Offence caused little damage;
- Property restored to owner;
- No injury or less significant injury. - 2424. What are the discounts available for an early guilty plea?- 33% discount for guilty plea at earliest opportunity;
- 25% discount for guilty plea at PCMH or when trial date has been set;
- 10% discount for guilty plea on day of trial. - 2525. How is final sentence determined?25. i) Determine offence seriousness and starting point re statutory aggravating and
mitigating factors;
ii) Move up or down from starting point based on other aggravating / mitigating
factors (inc personal mitigation);
iii) Reductions for assisting P / Guilty plea;
iv) Dangerousness;
v) Totality – sentence must reflect overall criminality;
vi) Consider compensation and other orders. - 2626. What is the custody threshold?Offence(s) so serious that neither a fine alone nor a community sentence can be justified.
- 2727. What is the community sentence threshold?Offence(s) serious enough to warrant such a sentence
Información
- Descripción
- (Crim Lit) Fichas sobre Topic 22 - Sentencing, creado por D T el 15/04/2014.
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- D T
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