BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Criminal Litigation
Summary
Summary Sentencing & Appeals
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Course
Criminal Litigation
Institution
BPP University College Of Professional Studies Limited (BPP)
Criminal Litigation notes - BPP Law School - High Distinction Level notes!
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s 142 CJA ‘03 - when passing sentence, the court must have regard to the purposes of sentencing -
which are the:
a) punishment of the offender;
b) reduction of crime;
c) reform and rehabilitation of the offender;
d) protection of the public; and
e) reparation by the offender.
--
Sentencing powers of the court -
Magistrates’ powers to impose imprisonment are specified by s. 78 PCC(S)A and s. 133 Magistrates’
Courts Act ‘80
The minimum prison term = five days (s. 132 MCA);
The maximum = 6 months for any one offence (either way or summary) (s. 78(1) PCC(S)A);
The maximum aggregate term = six months; however,
o If two or more of the terms are imposed for offences triable either way, the maximum
aggregate term is 12 months (s. 133 MCA).
Crown court has no restriction apart from the maximum limits of the respective offence
s.3 PCC(S)A,- for an either way offence, magistrates can commit a defendant to the Crown Court for
sentence where they consider their maximum powers of sentence to be insufficient, - having regard to
the seriousness of the offence.
If committed for sentence in this way, the Crown Court will proceed to deal with the defendant
as if he had been convicted on indictment.
The sentencing Council and Sentencing guidelines-
Courts use sentencing guidelines.
The Sentencing Council for England and Wales- set up by the Coroners and Justice Act 2009.
One of its functions is to provide sentencing guidelines to try and promote an element of
consistency in sentencing.
, A court must follow any relevant sentencing guidelines, unless it is contrary to the interests of justice to
do so (Coroners and Justice Act 2009).
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Different types of sentence-
Fines-
Can be given by either court
Magistrates’ Court Sentencing Guidelines provides for 3 levels of fine – Bands: A, B ,C
Imposition of a fine is a three stage process - s. 164 CJA 03
1. The court must determine the level of the fine that reflects the seriousness of the offence s. 164
CJA ‘03
2. Then factor in any reduction- e.g: for an early guilty plea.
3. The court must inquire into the financial circumstances of the offender.
o Such that it can be paid within 12 months
o The inquiry will take the form of the defendant completing a questionnaire setting out
monthly income & expenditure.
o If no financial info is provided - the court will proceed on the assumption that the net
weekly income is a certain amount (currently £440).
The band into which an offence falls for the purpose of imposing a fine can be found in the relevant
sentencing guideline.
Fines can be combined with any other sentence (including custody), except a discharge.
Failure to pay-
If the defendant fails to pay because his income has changed or the fine imposed was too high,
then he can apply to the court to have the fine reduced.
If a defendant wilfully refuses to pay without good reason then he may have a number of other
penalties imposed, including a term of imprisonment.
Victim Surcharge-
Where a court imposes any sentence in respect of one or more offences, it must also order the
defendant to pay a ‘victim surcharge’ the amount of which will vary according to the sentence imposed.
This victim surcharge originally only attached to the payment of a fine but has now been extended to all
forms of sentence.
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Compensation Orders-
Court has a duty to consider an award of compensation -
& if the offence is involves personal injury then the court must give reasons if an order for
compensation is not made.
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