P6 outline the powers of the courts in sentencing offenders, using one example of a summary offence and one indictable offence.
Sentencing powers: magistrates’ court sentencing powers and limitations; committal from magistrates’ courts to Crown court for sentence; Crown court sentencing and res...
Produce a fact sheet that - P6 outline the powers of the courts in sentencing
offenders, using one example of a summary offence and one indictable offence.
P6 requires an outline of the sentencing powers of the courts using examples
of summary and indictable offences. The assessment of P6 would therefore
link to the work undertaken for P5 and M2 and it is recommended that
assessment for these criteria is linked.
Sentencing powers:
Magistrates’ court sentencing powers and limitations.
Magistrate’s court can only give you a custodial sentence of up to 12 months
if there is more than one charge. The court can only give you a maximum of
6 months if you’re only being charged with one offence.
Committal from magistrates’ courts to Crown court for sentence
This is the procedure by which a convicted defendant is sent from the
magistrate’s court to the crown court so they can be sentenced there
because the seriousness off the offence required a higher penalty than the
magistrates are able to give.
Crown court sentencing and restrictions
The minimum sentence for someone over 18 is 5 years, or if the offender was
over 16 when the offence was committed. Crown courts will receive serious
cases like rape, robbery and murder so therefore higher sentences are used
to punish them.
Range of sentences available
There are many different types of sentences.
Mandatory sentence is a sentence that has to be imposed regardless of the
circumstances. In Ireland murder imposes a mandatory life sentence. Long
sentences will be reviewed more than once over the years before any
concessions would be recommended by the board. The law will lay down a
maximum sentence for all crimes. For example section 15 of the criminal
justice act is 10 years. Judges will use this as a starting point when deciding a
sentence
Minimum sentences. Some laws to take discretion away from a judge
sentencing is used so that a judge is obliged to impose at least the minimum
sentence. For example under section 15a of the misuse of drugs act if you’re
found with drugs worth over £13,000 then you should have a minimum of 10
years.
In the same fact sheet-M3 explain the grounds for appeal from the magistrates’
courts and the Crown court in England and Wales.
To achieve M3, learners must explain the grounds on which an appeal (from
magistrates’ courts and the Crown court) will be allowed.
Appeals from criminal courts:
Appeals from magistrates’ courts to the Crown court;
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