Summary Criminal Litigation UNIT 22, 23, 24, 25, + 26 - Sentencing and Dangerous Offender Provisions
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Course
BPC
Institution
BPC
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22, 23, 24, 25, + 26. Sentencing Principles, Non-Custodial
and Custodial Sentences, Ancillary Orders, Costs on
Conviction, and Dangerous Offender Provisions.
Includes:
- Purposes of Sentencing;
- General Sentencing Guidelines;
- Reports for Sentencing
- Non-Custodial Sentencing;
o Discharge;
o Fines;
o Community Orders
- Custodial Sentencing;
o Custody Threshold;
o Maximum and Minimum Sentences;
- Costs of Conviction;
- Ancillary Orders;
- Dangerous Defender Provisions
Purposes of Sentencing
E1.2 Under S57 The Sentencing Code, where the court is dealing with a convicted
offender that is aged 18 or over when convicted, the court must have regard to the
following purposes when sentencing:
1. Punishing of offenders;
2. Reducing crime by deterrence;
3. The reformation and rehabilitation of offenders;
4. Protecting the public; and
5. The making of reparations by offenders to the person is affected by their
offences.
1.3 When sentencing, the court should consider which of the five purposes it is
seeking to achieve through the sentence it imposes. Where more than one
purpose might be relevant, each must be weighed against a particular offence and
offender characteristics.
- However, the scope of potential convictions will be limited where mandatory
sentences are required or in cases of mental health.
1.4 To best do this, under S59, the court should follow the relevant sentencing
guidelines, unless it would be contrary to the interests of justice to do so.
However, where there are no relevant guidelines, the General Guidelines ought
to be followed.
General Sentencing Guidelines
, STEP 1: Where there is no definitive sentencing guideline, the court should arrive at a
provisional sentence by taking into account:
(a) The maximum (and minimum if applicable) sentence for the offence;
(b) Sentencing judgements of the Court of Appeal;
(c) The guidelines for analogous (similar) offences.
STEP 2: Once a provisional sentence is clarified, the court should then categorise the
culpability of the offender and the harm caused by the offending, before taking into
account aggravating and mitigating factors.
STEP 3: The court will decide whether these factors, in combination, should result in any
upward or downward adjustment for the sentence; determining how much weight should
be assigned to each factor. Some key aggravating and mitigating factors are
Statutory Aggravating Factors:
Previous convictions, especially relevant or recent;
Offence committed on bail;
Offence was motivated by hostility towards protected characteristics;
Offence committed against an emergency worker carrying out duties;
Other Aggravating Factors:
Under influence of alcohol or drugs;
Committed as part of a group;
Involve the use or threat of a weapon:
Planning;
Committed with the intent of financial gain or a high level of profit received from the offence;
Abuse of trust or a dominant position;
Depends on the restraint, or degradation of the victim;
Victim was vulnerable;
Location of the offence: placed others at risk or was in the presence of others (especially
vulnerable persons);
Actions after the event (such as covering up, blaming others);
Offence committed in custody, a domestic context, a terrorist context;
Prevalence (eg acid attacks in London, car cannibalism in Bham).
Mitigating Factors:
No previous or relevant/recent convictions;
Good character;
Remorse;
Self-reporting;
Cooperation with the investigation;
Little or no planning;
Offence was committed in a subordinate role;
Limited understanding or awareness of the offence;
Little or no financial gain;
Young and Old gge or mentally disabled;
Sole or priority care giver;
STEP
Physically Disabled
4: After or medical
calculating condition;
any upward or downward adjustment, the court should
then
Steps taken to address addiction or behaviour.
make any reductions for assisting the investigation (formally) or a guilty
plea, where appropriate.
, - When and under what circumstances the guilty plea was indicated will impact
the extent of the discount (strength of case does not impact).
- If the guilty plea was for an offence carrying a mandatory
sentence (terrorism, threatening with a weapon, class A drug
trafficking, domestic burglary, and repeat offences with a weapon), the
maximum discount is a reduction, no more than 80% of the
minimum.
- The general maximum discount is 1/3 (at first appearance in MC) but will
drop to ¼ after this and will then be a sliding scale to zero.
- The exception to this is where the defendant was unable to know
whether they were guilty or not and, therefore, it is unreasonable to
expect them to indicate a guilty plea sooner.
- A custodial can reduce to community order, and community order to fine, but
discount cannot make custodial a suspended sentence, without separate
justification of suspension.
STEP 5: Before passing a sentence, the court will also want to consider, where
appropriate:
If the offence is particularly dangerous under Schedules 15, 18, and 19 (highly
violent, sexual, or terrorism), the court should consider if an extended or life
sentence is appropriate.
If the offender is being sentenced for more than one offence, the court should
consider whether the sentence is just and proportionate when the overall behaviour
of offending is considered in totality* (beyond adding together sentences).
The court may consider to make compensation orders or ancillary orders to any
sentence. Both are immune from guilty plea discount.
Consider whether to give credit for time spent on bail.
STEP 6: When passing sentence, the court will then want to give any reasons
for, and explain the effect of, the sentence.
Before sentencing, the court may want to make provisions or ensure they take
account of pre-sentence report, victim personal statement, or medical reports where
appropriate. The court does have the power to adjourn sentencing in order to
do this and they remind accused in doing so.
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