Criminal 8 – Sentencing principles
A Sentencing principles
1 Purposes of sentencing, and sentencing guidelines
● Purposes of sentencing (E1.1-E1.2)
o s142(1) of Criminal Justice Act 2003
▪ (a) Punishment of offenders,
▪ (b) Reduction of crime (including its reduction by deterrence),
▪ (c) Reform and rehabilitation of offenders,
▪ (d) Protection of the public, and
▪ (e) Making of reparation by offenders to persons affected by their offences.
o => Scope is limited. Does not apply:
▪ In relation to an offender aged under 18 y/o @ the time of conviction
● s37 CDA 1998: Principal purpose of youth justice system is to prevent
offending by children and young persons
▪ Where the offence is fixed by law (murder) (i.e. life sentence)
▪ Where there is a prescribed minimum sentence
▪ To ‘dangerous offender’ provisions
● s224A, s225(2) or s226(2) of CJA 2003
▪ To the making of a hospital order (w or w/o restriction)
o Includes ancillary orders; custodial, community, and financial penalties
o Sentencing Council’s General Guideline: Overarching principles (SG-2 to SG-8)
▪ “The court should consider which of the five purposes of sentencing it is seeking
to achieve through the sentence that is imposed.”
● “More than one purpose might be relevant and the importance of each
must be weighed against the particular offence and offender
characteristics when determining sentence”
● Sentencing Guidelines (E1.3)
o Sentencing Council created under Part 4 of CAJA 2009
o SC must prepare sentencing guidelines – s120
▪ Specify the ‘offence range’
▪ If there are different categories of case, specify for each category a ‘category
range’ within the offence range
, ▪ Specify ‘starting point’ within the offence range, or within each category range
o S125 Coroners and Justice Act 2009
▪ Every court must follow any sentencing guidelines, wrt
● Sentencing an offender, and
● Exercising any other f(x) in relation to sentencing of offenders
▪ => Unless the court is satisfied that it would be contrary to the interests of
justice to do so
2 Principles
Seriousness of offence (E1.7)
● Sentencing court should first consider ‘seriousness’, the assessment of which will: (SG-3)
o I Determine which of the sentencing thresholds has been crossed;
o II Indicate whether a custodial, community or other sentence is the most appropriate;
o III Be the key factor in deciding the length of a custodial sentence, the onerousness of
requirements to be incorporated in a community sentence and the amount of any fine
imposed
● In considering seriousness of any offence, court must consider (s143 CJA 2003)
o Offender's culpability in committing the offence and
o Any harm which the offence caused, was intended to cause or might foreseeably have
caused
● SGS: There is usually a specific sentencing guideline for an offence:
o 1) Identify the category – take into account culpability and harm
o 2) Identify starting point of sentencing
o 3) Identify sentencing range
● Sentencing Guidelines: Once a provisional sentence is arrived at, the court should take into
account aggravating factors and mitigating factors
Required reductions in sentence for Guilty pleas (E1.8-E1.9)
● In determining sentence to pass on D who has pleaded Guilty, court must take into account
(s144(1) CJA 2003)
o (a) The stage in the proceedings for the offence at which the offender indicated his
intention to plead Guilty, and
o (b) The circumstances in which this indication was given
● Wrt to specified offences re: weapons
o If D convicted of either:
▪ Prohibition of the carrying of offensive weapons without lawful authority or
reasonable excuse
▪ Offence of threatening with offensive weapon in public
▪ Offence of having article with blade or point in public place
▪ Offence of having article with blade or point (or offensive weapon) on school
premises
, ▪ Offence of threatening with article with blade or point or offensive weapon
o And,
▪ D is aged 18 or over when convicted
● => Nothing in the above provisions prevent the court from imposing any
sentence which is not less than 80% of that specified in that provision
▪ D is aged 16 or 17 when convicted
● => Nothing prevents the court from imposing any sentence that it
considers appropriate after taking into account any matter referred to in
s144(1)
● Applies to both magistrates’ court and Crown Court
● Sentencing Guidelines: Benefits of a Guilty plea
o (a) Normally reduces the impact of the crime upon victims,
o (b) Saves victims and witnesses from having to testify, and
o (c) Is in the public interest in that it saves public time and money
● The strength of the evidence should not be taken into account when determining the level of
reduction
● Sentencing Guidelines: The approach courts should take:
o Determine the sentence for the offence(s) in accordance with any offence-specific
sentencing guideline,
o Re: reduction for a Guilty plea
▪ Determine the level of reduction
▪ State the amount of that reduction,
▪ Apply the reduction,
o Follow any further steps in the offence-specific guideline to determine the final sentence
o => “a judge should, when a defendant has pleaded guilty, indicate whether he is giving
credit [and] how much credit is afforded”
● The level of reduction (Sentencing Guidelines)
o General rules
▪ See: Reduction in Sentence for a Guilty Plea Guideline
▪ Where Guilty plea indicated at the ‘first stage of proceedings’
● => Maximum level of reduction: 1/3 (0.33)
● First stage = normally the first hearing at which a plea or indication of
plea is sought
o Note: In the Crown Court, 1/3 reduction should not normally be
given at PTPH, unless D has indicated his guilt in magistrates’
court
▪ Where Guilty plea indicated after first stage of proceedings
● => Maximum level of reduction: 1/4 (0.25)
▪ Maximum level if on the first day of trial => 1/10
▪ Maximum level if trial has started
● => Reduction 'should normally be decreased further, even to zero, if the
guilty plea is entered during the course of the trial'.
A Sentencing principles
1 Purposes of sentencing, and sentencing guidelines
● Purposes of sentencing (E1.1-E1.2)
o s142(1) of Criminal Justice Act 2003
▪ (a) Punishment of offenders,
▪ (b) Reduction of crime (including its reduction by deterrence),
▪ (c) Reform and rehabilitation of offenders,
▪ (d) Protection of the public, and
▪ (e) Making of reparation by offenders to persons affected by their offences.
o => Scope is limited. Does not apply:
▪ In relation to an offender aged under 18 y/o @ the time of conviction
● s37 CDA 1998: Principal purpose of youth justice system is to prevent
offending by children and young persons
▪ Where the offence is fixed by law (murder) (i.e. life sentence)
▪ Where there is a prescribed minimum sentence
▪ To ‘dangerous offender’ provisions
● s224A, s225(2) or s226(2) of CJA 2003
▪ To the making of a hospital order (w or w/o restriction)
o Includes ancillary orders; custodial, community, and financial penalties
o Sentencing Council’s General Guideline: Overarching principles (SG-2 to SG-8)
▪ “The court should consider which of the five purposes of sentencing it is seeking
to achieve through the sentence that is imposed.”
● “More than one purpose might be relevant and the importance of each
must be weighed against the particular offence and offender
characteristics when determining sentence”
● Sentencing Guidelines (E1.3)
o Sentencing Council created under Part 4 of CAJA 2009
o SC must prepare sentencing guidelines – s120
▪ Specify the ‘offence range’
▪ If there are different categories of case, specify for each category a ‘category
range’ within the offence range
, ▪ Specify ‘starting point’ within the offence range, or within each category range
o S125 Coroners and Justice Act 2009
▪ Every court must follow any sentencing guidelines, wrt
● Sentencing an offender, and
● Exercising any other f(x) in relation to sentencing of offenders
▪ => Unless the court is satisfied that it would be contrary to the interests of
justice to do so
2 Principles
Seriousness of offence (E1.7)
● Sentencing court should first consider ‘seriousness’, the assessment of which will: (SG-3)
o I Determine which of the sentencing thresholds has been crossed;
o II Indicate whether a custodial, community or other sentence is the most appropriate;
o III Be the key factor in deciding the length of a custodial sentence, the onerousness of
requirements to be incorporated in a community sentence and the amount of any fine
imposed
● In considering seriousness of any offence, court must consider (s143 CJA 2003)
o Offender's culpability in committing the offence and
o Any harm which the offence caused, was intended to cause or might foreseeably have
caused
● SGS: There is usually a specific sentencing guideline for an offence:
o 1) Identify the category – take into account culpability and harm
o 2) Identify starting point of sentencing
o 3) Identify sentencing range
● Sentencing Guidelines: Once a provisional sentence is arrived at, the court should take into
account aggravating factors and mitigating factors
Required reductions in sentence for Guilty pleas (E1.8-E1.9)
● In determining sentence to pass on D who has pleaded Guilty, court must take into account
(s144(1) CJA 2003)
o (a) The stage in the proceedings for the offence at which the offender indicated his
intention to plead Guilty, and
o (b) The circumstances in which this indication was given
● Wrt to specified offences re: weapons
o If D convicted of either:
▪ Prohibition of the carrying of offensive weapons without lawful authority or
reasonable excuse
▪ Offence of threatening with offensive weapon in public
▪ Offence of having article with blade or point in public place
▪ Offence of having article with blade or point (or offensive weapon) on school
premises
, ▪ Offence of threatening with article with blade or point or offensive weapon
o And,
▪ D is aged 18 or over when convicted
● => Nothing in the above provisions prevent the court from imposing any
sentence which is not less than 80% of that specified in that provision
▪ D is aged 16 or 17 when convicted
● => Nothing prevents the court from imposing any sentence that it
considers appropriate after taking into account any matter referred to in
s144(1)
● Applies to both magistrates’ court and Crown Court
● Sentencing Guidelines: Benefits of a Guilty plea
o (a) Normally reduces the impact of the crime upon victims,
o (b) Saves victims and witnesses from having to testify, and
o (c) Is in the public interest in that it saves public time and money
● The strength of the evidence should not be taken into account when determining the level of
reduction
● Sentencing Guidelines: The approach courts should take:
o Determine the sentence for the offence(s) in accordance with any offence-specific
sentencing guideline,
o Re: reduction for a Guilty plea
▪ Determine the level of reduction
▪ State the amount of that reduction,
▪ Apply the reduction,
o Follow any further steps in the offence-specific guideline to determine the final sentence
o => “a judge should, when a defendant has pleaded guilty, indicate whether he is giving
credit [and] how much credit is afforded”
● The level of reduction (Sentencing Guidelines)
o General rules
▪ See: Reduction in Sentence for a Guilty Plea Guideline
▪ Where Guilty plea indicated at the ‘first stage of proceedings’
● => Maximum level of reduction: 1/3 (0.33)
● First stage = normally the first hearing at which a plea or indication of
plea is sought
o Note: In the Crown Court, 1/3 reduction should not normally be
given at PTPH, unless D has indicated his guilt in magistrates’
court
▪ Where Guilty plea indicated after first stage of proceedings
● => Maximum level of reduction: 1/4 (0.25)
▪ Maximum level if on the first day of trial => 1/10
▪ Maximum level if trial has started
● => Reduction 'should normally be decreased further, even to zero, if the
guilty plea is entered during the course of the trial'.
