Class notes
Lecture notes Sentencing & Prisons (LAW3017) convictions, offences & Guilty Plea
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This document consists of notes relating to guilty pleas, convictions sentences, types of courts and sentencing procedure.
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Sentencing and Prisons A conviction is followed by either a Guilty Plea or Trial
Defendants have the automatic right to appeal against a magistrate’s decision
An appeal to the magistratures is forwarded onto the crown court
This appeal is then heard by 1 Judge and 2 Magistrates
No permission is needed to appeal a Magistrate decision
In order to appeal the Crown courts decision to the court of appeal D has to prove that the
sentence is manifestly excessive or wrong in law in order to leave appeal
May be an increase in charges against D when appeals against crown court way of deterring
D’s from always reappealing (waste court time and money)
Sentence for manslaughter can go up to an life sentence
Individua offence = Up to six months
Concurrent – Criminal acts that happen side by side normally during the same circumstance
Consecutive- criminal act that run one after the other
Robbery sentence can go all the way up to life imprisonment
Indictable- sentence can go all the way up to a life sentence
Committal for sentence-where Magistrates ask the Crown court to decide the defendant’s
sentence because it does not posses the power to sentence the Defendant as Magistrates
can only give up to six months
We now have a codified legal system- legislation is codified
Theft= Up to 7 years
Burglary of a home = Up to 14 Years
Burglary of a commercial building= 10 Years
Robbery= Up to life imprisonment
S
DISCHARGE – Lowest sentence
E Absolute or conditional
N
T FINE- Mainly given in magistrates
E
N IMPRISONMENT- A whole life tariff is
possible but mainly for multiple crimes
C
I
ANCILLARY ORDERS- to safeguard victims
N and members
G
Factual Baisis for sentencing
D’s Guilty plea may enable D to get a discount for D’s ownership
Basis of a plea – Guilty plea document where D accepts negotiation before D plea guilty
If Basis of plea is rejected = TRIAL OF ISSUE
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