DR WS16
Preparing for Trial
Sentencing
Anyone convicted ON/AFTER 1 December 2020: sentences under Sentencing Code
Anyone convicted BEFORE 1 December 2020: sentenced under law before Sentencing Code
Purpose of s57(2) Sentencing Act (SA) 2020: court sentencing an offender aged 18/over MUST have regard to following 5
sentencing PURPOSES:
1. Punishment of offenders
2. Reduction of crime
3. Reform and rehabilitation of offenders
4. Protection of public
5. Making of reparation by offenders to persons affected by offence
EXCEPTIONS: court DOES NOT need to have such regard if:
- Sentence is fixed by law
- Sentence is subject to a statutory minimum
- D is classed as dangerous offender
s52: court has general duty to explain in open court and in ordinary language the reasons for deciding on a
sentences and explain to D the effect of the sentences and implications of not complying with it
Types of sentences
Basic 4 types (descending order of severity) – ‘Sentencing ladder’
sentence 1. Custodial sentence – D deprived of physical liberty by being detained in custody for specified period of
time
2. Community sentence – D required to take part in one/more activities within community
3. Fine – D paying financial penalty for offending
4. Discharge – no immediate penalty imposed on D; but if discharge is conditional, D may be sentences
for original offence if he commits another offence within period of time specified by court
Ancillary Court may also impose ancillary orders on D convicted of a criminal offence e.g.,
orders
Compensation
D pay compensation to victim for injury/other loss suffered (ss133-146) may have to do so where D receives
custodial sentence
- Mags: may order D to pay up to max. £5,000 per offence
- CC: No financial limit on amount of compensation which may be ordered but judge must have
regard to D’s means when making order
Prosecution costs
D to pay some/all costs incurred by CPS in bringing case against D
Victim surcharge
Court must order surcharge when it deals with offender in respect of an offence committed as set out in
following table:
1
,DR WS16
Where court imposes MORE THAN ONE disposal for one/more offences surcharge should be ordered
AGAINST individual disposal attracting HIGHEST surcharge amount
Defence costs
D whose case in MC is being funded by representation order will NOT be required to make any contribution
towards costs of his case whilst case is ongoing
Crown court means testing: D with representation order may be required to contribute towards his defence
costs
- Type of proceedings D is facing in CC will determine whether/how contributions are made:
o CC trial: D may be liable for contributions during proceedings/at end of case
o Appealing to CC: D may be liable for fixed sum contribution at end of appeal if D failed means
test and appeal is unsuccessful
D will also be liable for fixed sum contribution if he abandons his appeal
- ‘Recovery of defence costs order’ (RDCO): applies ONLY to D whose case began before Crown Court
means testing introduced
o D with annual income of £22,235+, capital of £3,000+ or equity in their home of £100,000+
can receive RDCO
Forfeiture orders
Can order forfeiture of any property which was in D’s possession/control at time he was apprehended IF
PROPERTY WAS:
a. Used for committing/facilitating any offence;
b. Intended to be used for committing/facilitating any offence; or
2
, DR WS16
c. Unlawfully in D’s possession (s153)
Confiscation and restitution orders
D appearing in CC may have proceeds of criminal activity confiscated (e.g., profits from supplying controlled
drugs)
Criminal behaviour orders (CrimPR, Part 31)
MC may make a criminal behaviour order (CBO) pursuant to s331 SA 2020 if the court considers that:
a. D has engaged in behaviour that caused/was likely to cause, harassment, alarm or distress to any
person; and
1. an order will help in preventing D from engaging in such behaviour.
CBO may be positive/negative ‘do’ or ‘don’t do’ something
CBO will have effect for court-specified time (min. 2 years, no max.) breach = criminal offence
Binding order
MC can make order binding over anyone appearing before it (D, witness, complainant) but NOT a sentence,
usually used for minor disturbances
MC must be satisfied that a breach of peace involving violence/imminent threat of violence has
occurred/there is real risk of violence in future
MC must identify specific conduct/activity which individual should refrain from
- Court will require individual to enter into a ‘recognisance’ = sum of money individual will forfeit IF he
breaks terms of order
Usually last max. 12 months
Sex offenders
Police will retain information on sex offenders register of D convicted of/cautioned for specified sexual offence
e.g.,
- DOB, NI number, name, home address, other addresses which D regularly stays
Court may also make sexual offences prevention order if D convicted of violent and sexual offence
- Usually lasts min. 5 years will prohibit offender from doing anything specified in it thought
necessary to protect public/particular members of public from serious harm
Serious crime prevention orders
s1 Serious Crime Act 2007: enables CC to make serious crime prevention order if satisfied that a person has
been involved in a serious crime and it has reasonable grounds to believe order would protect public by
preventing, restricting or disrupting involvement by person in serious crime
- ‘Serious crimes’: drug trafficking, money laundering, people trafficking, fraud, armed robbery
Some orders can be made on application to HC/CC following conviction of D
- Court making order will be able to impose prohibitions/restrictions on/requirements relating to:
1. individual’s financial, property or business dealings or holdings;
2. individual’s working arrangements;
3. means by which an individual communicates or associates with others, or the persons
with whom he communicates or associates;
4. premises to which an individual has access;
5. use of any premises or item by an individual; and
6. an individual’s travel (whether within or outside the UK).
Principles of sentencing
Principle When deciding HOW SERIOUS an offence is (s63 SA 2020): court must consider offender’s culpability in
of committing the offence and any harm which the offence caused/was intended to cause/might foreseeably have
seriousnes caused
s
3
Preparing for Trial
Sentencing
Anyone convicted ON/AFTER 1 December 2020: sentences under Sentencing Code
Anyone convicted BEFORE 1 December 2020: sentenced under law before Sentencing Code
Purpose of s57(2) Sentencing Act (SA) 2020: court sentencing an offender aged 18/over MUST have regard to following 5
sentencing PURPOSES:
1. Punishment of offenders
2. Reduction of crime
3. Reform and rehabilitation of offenders
4. Protection of public
5. Making of reparation by offenders to persons affected by offence
EXCEPTIONS: court DOES NOT need to have such regard if:
- Sentence is fixed by law
- Sentence is subject to a statutory minimum
- D is classed as dangerous offender
s52: court has general duty to explain in open court and in ordinary language the reasons for deciding on a
sentences and explain to D the effect of the sentences and implications of not complying with it
Types of sentences
Basic 4 types (descending order of severity) – ‘Sentencing ladder’
sentence 1. Custodial sentence – D deprived of physical liberty by being detained in custody for specified period of
time
2. Community sentence – D required to take part in one/more activities within community
3. Fine – D paying financial penalty for offending
4. Discharge – no immediate penalty imposed on D; but if discharge is conditional, D may be sentences
for original offence if he commits another offence within period of time specified by court
Ancillary Court may also impose ancillary orders on D convicted of a criminal offence e.g.,
orders
Compensation
D pay compensation to victim for injury/other loss suffered (ss133-146) may have to do so where D receives
custodial sentence
- Mags: may order D to pay up to max. £5,000 per offence
- CC: No financial limit on amount of compensation which may be ordered but judge must have
regard to D’s means when making order
Prosecution costs
D to pay some/all costs incurred by CPS in bringing case against D
Victim surcharge
Court must order surcharge when it deals with offender in respect of an offence committed as set out in
following table:
1
,DR WS16
Where court imposes MORE THAN ONE disposal for one/more offences surcharge should be ordered
AGAINST individual disposal attracting HIGHEST surcharge amount
Defence costs
D whose case in MC is being funded by representation order will NOT be required to make any contribution
towards costs of his case whilst case is ongoing
Crown court means testing: D with representation order may be required to contribute towards his defence
costs
- Type of proceedings D is facing in CC will determine whether/how contributions are made:
o CC trial: D may be liable for contributions during proceedings/at end of case
o Appealing to CC: D may be liable for fixed sum contribution at end of appeal if D failed means
test and appeal is unsuccessful
D will also be liable for fixed sum contribution if he abandons his appeal
- ‘Recovery of defence costs order’ (RDCO): applies ONLY to D whose case began before Crown Court
means testing introduced
o D with annual income of £22,235+, capital of £3,000+ or equity in their home of £100,000+
can receive RDCO
Forfeiture orders
Can order forfeiture of any property which was in D’s possession/control at time he was apprehended IF
PROPERTY WAS:
a. Used for committing/facilitating any offence;
b. Intended to be used for committing/facilitating any offence; or
2
, DR WS16
c. Unlawfully in D’s possession (s153)
Confiscation and restitution orders
D appearing in CC may have proceeds of criminal activity confiscated (e.g., profits from supplying controlled
drugs)
Criminal behaviour orders (CrimPR, Part 31)
MC may make a criminal behaviour order (CBO) pursuant to s331 SA 2020 if the court considers that:
a. D has engaged in behaviour that caused/was likely to cause, harassment, alarm or distress to any
person; and
1. an order will help in preventing D from engaging in such behaviour.
CBO may be positive/negative ‘do’ or ‘don’t do’ something
CBO will have effect for court-specified time (min. 2 years, no max.) breach = criminal offence
Binding order
MC can make order binding over anyone appearing before it (D, witness, complainant) but NOT a sentence,
usually used for minor disturbances
MC must be satisfied that a breach of peace involving violence/imminent threat of violence has
occurred/there is real risk of violence in future
MC must identify specific conduct/activity which individual should refrain from
- Court will require individual to enter into a ‘recognisance’ = sum of money individual will forfeit IF he
breaks terms of order
Usually last max. 12 months
Sex offenders
Police will retain information on sex offenders register of D convicted of/cautioned for specified sexual offence
e.g.,
- DOB, NI number, name, home address, other addresses which D regularly stays
Court may also make sexual offences prevention order if D convicted of violent and sexual offence
- Usually lasts min. 5 years will prohibit offender from doing anything specified in it thought
necessary to protect public/particular members of public from serious harm
Serious crime prevention orders
s1 Serious Crime Act 2007: enables CC to make serious crime prevention order if satisfied that a person has
been involved in a serious crime and it has reasonable grounds to believe order would protect public by
preventing, restricting or disrupting involvement by person in serious crime
- ‘Serious crimes’: drug trafficking, money laundering, people trafficking, fraud, armed robbery
Some orders can be made on application to HC/CC following conviction of D
- Court making order will be able to impose prohibitions/restrictions on/requirements relating to:
1. individual’s financial, property or business dealings or holdings;
2. individual’s working arrangements;
3. means by which an individual communicates or associates with others, or the persons
with whom he communicates or associates;
4. premises to which an individual has access;
5. use of any premises or item by an individual; and
6. an individual’s travel (whether within or outside the UK).
Principles of sentencing
Principle When deciding HOW SERIOUS an offence is (s63 SA 2020): court must consider offender’s culpability in
of committing the offence and any harm which the offence caused/was intended to cause/might foreseeably have
seriousnes caused
s
3
