Notes on Sentencing in British courts

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Sentencing

Magistrates = max two terms of six months. £5000 fine

Crown = No limits.

  • Murder is mandatory life.
  • All crimes have maximum sentence.
  • Theft max 7 yrs.
  • No minimum sentences.
  • The Crime (sentences) Act 1997 – min sentences for persistent offenders.
  • C(S)A 1997 imposed mandatory life or second violent / serious crime.

1. Aims of Sentencing

  • Passing sentence J looks at sentence available + what they are trying to achieve in giving a particular sentence.

The 6 aims and objectives are:

  1. Retribution: punishment because they deserve it. Revenge. An eye for an eye. Retribution today based on idea each crime has a set tariff. A band which crimes fit into. A sentence is imposed within correct band. Bad because doesn’t take into account mitigating factors.

  1. Denunciation: this is a way of showing a particular crime or crime in general is considered heinous by society. E.g. drink driving.

  1. Incapacitation: punishment serves a useful purpose. Prevents offender, re offending. E.g. death, loss of limbs, long prison sentences, tagging, curfew. Used to protect the public.

  1. Deterrence: individual or general. Individual E.g. prison. May deter future actions. Though only if criminal thinks about consequences before committing. Usually drunk etc so do not. General deterrence hopes to deter others from following. Perhaps least fair way and least effective as few think about others situation. Also example sentence is a little unfair. E.g. mobile phone crime. Punishment does not fit crime.

  1. Rehabilitation:  forward looking. Aim to reform offender. Hope offender’s behaviour will be altered by sentence imposed. E.g. drug testing and treatment orders, probation. Pre sentence report taken into consideration, school reports etc. important with young offenders. Sentences are individual ones, not at all like tariffs. Criticised as being inconsistent and discriminating against those from poor backgrounds. The Power of criminal Courts (sentencing) Act 2000 states, considering seriousness of offence court may also take into consideration any previous failure to respond to previous sentence.

  1. Reparation: Compensating victim, or society. E.g. returns stolen goods, Community service. Under POCCSA 2000 says courts are under duty to provide reason if they do not impose compensation order. Can be used in conjunction with other sentence.

2. Sentencing Practice in the Courts

  • Court usually considers both offence and background of offender as well as the AIMS of sentencing.
  • To do this if guilty plea, prosecution outline the fats of case. Defendant asked if agrees. If not Newton case held. If not guilty plea facts are heard during case. Facts of crime effect sentencing.

2.1 Facts Surrounding Offence

  • Important to look at:
  • How serious was it for its type. E.g. theft, how much stolen. & Was defendant in position of trust?
  • In assault, what injuries, &was it premeditated. Was victim particularly vulnerable (elderly) or racially motivated?
  • Premeditated usually considered worse than spare of moment.
  • Being in position of trust also worse.
  • Where several defendants convicted for same crime court try to find who planned it and who played greater part.
  • Also remorse taken into account. At what stage plead guilty. Up to 1/3 off.
  • In 2001 L chief Justice said effects on victim can be taken into account.

2.2 The Offenders Background

Previous Convections

  • Court want to know if any previous convictions.
  • May take into account failure to respond to previous sentence.
  • Past record may determine if have to receive minimum sentence or life imprisonment.
  • Was crime commuted on bail? The Powers of Criminal Courts (Sentencing) Act 2000 if this the case it will be treated as aggravating factor.

Pre Sentence Reports

  • Prepared by probation service.
  • Court usually but not has to consider this before passing custodial sentence.
  • Before giving community sentence the report is important to indicate how effective it may be.
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Medical Reports

  • If medical or psychiatric probs, court usually ask for report by doctor.
  • Report useful in deciding best sentence.

Financial Situation of Defendant.

  • If fine, financial situation must be taken into account.

2.3 Sentencing Guidelines

  • Sec 80 Crime and Disorder Act 1998, places Court of Appeal’s sentencing guidelines on a statutory basis.
  • When COA hears appeal against sentence by defence of attorney general (for lenient one) the court shall decide if to frame guidelines or if they already exist.

If Court has to make guidelines, ...

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