Criminal Process - Sentencing
Sentencing
- Once an accused is convicted of an offence. It is the Court’s job to decide what
sentence will be given.
Magistrates
- Max 6 months imprisonment for a single offence
- Unlimited fine for serious cases
- Restricted by maximum sentences that are laid down by Parliament
Crown Court Judges
- Max life sentence
- Unlimited fines
- Murder has a mandatory life sentence
- Restricted by maximum sentences that are laid down by Parliament
The Crime (Sentences) Act 1997 introduced minimum sentences for both persistent
offenders, drug dealers and burglars
The Act also introduced an automatic life sentence for offenders convicted of a second
serious or violent offence.
Before sentencing, those who have been convicted of a criminal offence. The Magistrate’s or
the Judge have to consider a range of different factors regarding the offence and the
offender.
CJA 2003 states that these factors should be considered:
- Previous convictions for other similar offences
- Whether the defendant was on bail when the offence was committed
- Whether there was any religious or racial element to the offence
- Whether there was any hostility to disability or sexual orientation involved in the
offence.
, Effect of a guilty plea
- If a defendant pleads guilty, the sentence is likely to be reduced.
- The general rule is that the earlier the guilty plea is entered, the more time will be
deducted from the sentence.
- If a defendant pleads guilty at their first opportunity to do so, up to one third will be
deducted from their sentence.
- If a defendant pleaded guilty once the trial has started then up to one tenth discount
will be deducted.
- Discounts are calculated on a sliding scale.
Sentencing Council says:
⅓ off of the sentence if the defendant pleads guilty the first time. ⅕ off the sentence if the
defendant pleads guilty after the first time - this used to be ¼ but changes were made to the
system to encourage people to plead guilty early on instead of later. Reductions drop further
and further the closer it gets to the date of the trial if a guilty plea is entered .
The offenders background
Factors the Court will consider here include:
● Any previous convictions, including reaction to previous sentences, whether he was
on bail.
● Where there is the possibility of community sentences a pre-sentence report will be
prepared by the Probation Service with details of the offender’s background and
suitability for this type of sentence.
● If there are any medical or psychiatric issues involved in the offence the Court will
ask for a medical report before making their decision.
● If imposing a fine, the financial situation of the offender will need to be fully disclosed.
Sentencing Guidelines -
Sentencing
- Once an accused is convicted of an offence. It is the Court’s job to decide what
sentence will be given.
Magistrates
- Max 6 months imprisonment for a single offence
- Unlimited fine for serious cases
- Restricted by maximum sentences that are laid down by Parliament
Crown Court Judges
- Max life sentence
- Unlimited fines
- Murder has a mandatory life sentence
- Restricted by maximum sentences that are laid down by Parliament
The Crime (Sentences) Act 1997 introduced minimum sentences for both persistent
offenders, drug dealers and burglars
The Act also introduced an automatic life sentence for offenders convicted of a second
serious or violent offence.
Before sentencing, those who have been convicted of a criminal offence. The Magistrate’s or
the Judge have to consider a range of different factors regarding the offence and the
offender.
CJA 2003 states that these factors should be considered:
- Previous convictions for other similar offences
- Whether the defendant was on bail when the offence was committed
- Whether there was any religious or racial element to the offence
- Whether there was any hostility to disability or sexual orientation involved in the
offence.
, Effect of a guilty plea
- If a defendant pleads guilty, the sentence is likely to be reduced.
- The general rule is that the earlier the guilty plea is entered, the more time will be
deducted from the sentence.
- If a defendant pleads guilty at their first opportunity to do so, up to one third will be
deducted from their sentence.
- If a defendant pleaded guilty once the trial has started then up to one tenth discount
will be deducted.
- Discounts are calculated on a sliding scale.
Sentencing Council says:
⅓ off of the sentence if the defendant pleads guilty the first time. ⅕ off the sentence if the
defendant pleads guilty after the first time - this used to be ¼ but changes were made to the
system to encourage people to plead guilty early on instead of later. Reductions drop further
and further the closer it gets to the date of the trial if a guilty plea is entered .
The offenders background
Factors the Court will consider here include:
● Any previous convictions, including reaction to previous sentences, whether he was
on bail.
● Where there is the possibility of community sentences a pre-sentence report will be
prepared by the Probation Service with details of the offender’s background and
suitability for this type of sentence.
● If there are any medical or psychiatric issues involved in the offence the Court will
ask for a medical report before making their decision.
● If imposing a fine, the financial situation of the offender will need to be fully disclosed.
Sentencing Guidelines -
