Factors in sentencing

Pre-sentence Reports

• Prepared by probation service

• Might not be very relevant for serious offence but useful for community sentences

• Report gives information about the offenders background and suitability of a community sentence

• It might also show why the defendant committed the crime

Medical Reports

• Prepared by a doctor

• Used where the defendant has a medical or psychiatric condition

• If the defendant is suffering from mental illness then the courts have different powers

Sentencing Guidelines

• Established in 2010, The Sentencing Council was designed to bring consistency to sentencing. They are responsible for:

• Developing sentencing guidelines and monitoring their use

• Assessing the impact of the guidelines

• Promoting awareness among the public

• Judges and magistrates are under a duty to impose a sentence that follow me guidelines

• There are guidelines for specific offences including aggravating and mitigating factors.

The Offenders Background

• Previous convictions are treated as aggravating factors and include:

• Failure to respond to previous sentences

• The past record

• Whether defendant was on bail when offence was committed

If there are no prior convictions and no offence committed on bail, this will be a mitigating factor.

As of 2010, the guidelines set out that a court must take into account the mentality of a person.

Guilty pleas

• Where a defendant pleads guilty, there can be a reduction in sentence given, particularly when it is made early in the proceedings.

• This is because:

• Avoids need for trial

• Shortens time between charge n sentence

• Saves considerable costs

• Saves victim from evidence

Aggravating factors

• Premeditation

• Previous convictions

• Racially motivated

• Weapons

• Vulnerabilities

• Gangs

• Hostility to disability or sexuality

• Organised crime

Mitigating factors

• Genuine remote

• Mental illness

• Physical illness

• Pleading guilty

• Cooperating with police

• Helping identity others in the crime

• Playing a minor part

• First time offence