Sentencing practice

What is the purpose of sentencing?

To determine the punishment given to a defendant following a conviction.

What are aggravating factors?

Factors that make an offence more serious and can increase the sentence.

What is a custodial sentence?

The most serious punishment available, reserved for the most serious offences.

What does s.152 of the Criminal Justice Act 2003 state about custodial sentences?

A custodial sentence should only be given when the offence is so serious that neither a fine nor a community sentence can be justified.

What are the two types of custodial sentences?

Determinate and indeterminate sentences.

What is a determinate custodial sentence?

A sentence where the court fixes the maximum amount of time an offender must stay in prison.

What is an indeterminate custodial sentence?

A sentence where the court fixes the minimum period an offender must spend in prison before being eligible for release.

What is the average length of custodial sentences in 2024?

19 months.

What is a mandatory life sentence?

An indeterminate sentence for murder set by the Murder (Abolition of Death Penalty) Act 1965.

What are mitigating factors?

Factors that allow a court to impose a lighter sentence than would otherwise be appropriate.

What is the significance of an early guilty plea in sentencing?

It can attract a discretionary reduction in sentence, potentially reducing the sentence by up to one-third.

What are community sentences?

Sentences that allow offenders to serve their punishment in the community under certain conditions.

What is a Youth Rehabilitation Order?

A community sentence specifically for young offenders.

What is the age of responsibility in sentencing for youth offenders?

The age at which a young person can be held legally responsible for their actions.

What does s.201 of the Sentencing Act 2020 pertain to?

It outlines community sentences for offenders.

What is a Youth Conditional Caution?

A pre-court disposal option for young offenders that allows for diversion from prosecution.

What is the role of the Sentencing Council?

To create sentencing guidelines that help determine the appropriate sentence for offences.

What is the maximum sentence for ABH under the Offences Against the Person Act 1861?

5 years statutory maximum imprisonment.

What is a referral order in youth sentencing?

A first tier sentencing option that involves the offender being referred to a panel to agree on a plan to make amends.

What is a Youth Detention and Training Order (DTO)?

A custodial sentence for young offenders that can last up to 2 years.

What factors can lead to an increase in sentence severity?

Previous convictions, vulnerability of the victim, and premeditated actions.

What is the significance of the case T & V v UK [2000]?

It relates to the legal considerations surrounding youth offenders.

What is the purpose of sentencing guidelines?

To provide a starting point for determining the severity of sentences based on the offence.

What is the maximum fine that can be imposed by a magistrates' court?

Unlimited fine as per s.85 LASPO 2012.

What is a conditional discharge?

A sentence where the offender is released without punishment but must not re-offend during a specified period.

What is the role of the judge or magistrate in sentencing?

To decide on the appropriate sentence based on the offence and relevant guidelines.

What does s.63 of the Sentencing Act 2020 require courts to consider?

The offender's culpability and the harm caused by the offence.

What happens to offenders released by the Parole Board?

They will be on a licence for the rest of their lives and can be recalled for breaches.

What is the starting point for sentencing adult offenders under Schedule 21 of the Criminal Justice Act 2003?

15 years.

In what cases can whole life terms be imposed?

For exceptionally serious cases such as premeditated killings of 2 or more people, sexual or sadistic child murders, or politically motivated murders.

What was the outcome of Wayne Couzens' challenge regarding his whole life order?

The Court of Appeal upheld the life tariff, focusing on his abuse of authority.

How many offenders are currently serving a whole life order?

Around 70 offenders.

What significant change was made regarding whole life terms for offenders aged 18-20?

The Sentencing Act 2020 was amended to allow offenders aged 18 or over but under 21 to receive a whole life term.

What is the minimum tariff for murders of police or prison officers?

30 years.

What is the suggested minimum tariff for murders not in the higher categories?

15 years.

What factors do judges consider when determining a tariff?

Aggravating and mitigating factors.

What are discretionary life sentences?

Indeterminate sentences for serious offences like attempted murder or manslaughter, imposed at the judge's discretion.

What are fixed term sentences?

Determinate sentences where the judge fixes the maximum time an offender will spend in prison.

What is the new release policy for many offenders since September 2024?

Many offenders will now be released after serving 40% of their sentence in custody.

What is a suspended sentence?

A determinate sentence that does not take effect immediately, with a suspension period of 14 days to 2 years.

What must occur for a suspended sentence to be activated?

If the offender breaches the terms or re-offends.

What is a community order?

A sentence that can combine various requirements tailored to the offender, available for those over 18 who committed an imprisonable offence.

What is the unpaid work requirement in a community order?

Offenders work between 40-300 hours on community projects over a 12-month period.

What is the curfew requirement in a community order?

The offender must remain in a specified place for 2-16 hours a day for up to 12 months.

What is the most common type of sentence given in the Magistrates' court?

Fines.

What is the maximum fine for Level 5 offences since the Legal Aid, Sentencing and Punishment of Offenders Act 2012?

Unlimited.

What does the Crime and Courts Act 2013 require for every community penalty?

It must include a punitive element.

What is the purpose of community payback?

To allow offenders to repay society and help deter future offending.

What happens if an offender's electronic tag runs out of battery?

It may be considered a potential breach of the terms.

What is the role of the Probation Service in fixed term sentences?

To monitor offenders who are released under certain conditions.

What is the significance of the case of Hashem Abedi regarding whole life orders?

The judge stated a whole life order would have been a just sentence if not for Abedi's age.

What are aggravating factors in sentencing?

Circumstances that increase the severity of the sentence, such as significant planning or a vulnerable victim.

What are mitigating factors in sentencing?

Circumstances that may reduce the severity of the sentence, such as a lack of planning or intent to cause serious harm.

What is the purpose of rehabilitation activity in community sentences?

To help offenders attend appointments and participate in activities aimed at reducing re-offending.

What is the electronic monitoring requirement in community sentences?

Offenders may be required to wear an electronic tag to ensure compliance with their sentence.

What is the primary reason offenders are less likely to reoffend after receiving a fine?

It relates to the type of offender/offence that is given a fine.

What factors are considered when setting the amount of a fine?

The seriousness of the offence and the offender's means to pay.

What is a compensation order?

A court requirement for the offender to pay a sum of money to the victim for personal injury, loss, or damage resulting from the offence.

How many offenders received a fine in 2024?

898,436 offenders.

What is an absolute discharge?

A court decision where no punishment is imposed because the offender has already received enough punishment by going to court.

Under what circumstances might a court impose a conditional discharge?

When the offender is discharged on the condition that no further offence is committed within a specified period, usually up to 3 years.

What was the outcome of R v Whitehead [1979]?

The court imposed a conditional discharge for 12 months due to the offender's difficult circumstances and unblemished character.

What age range classifies someone as a young offender?

Individuals aged 10 to 17.

What are the two main approaches to sentencing young offenders?

Rehabilitation and retribution.

What does the Sentencing Act 2020 state regarding youth sentencing?

The principal aim is to prevent reoffending and consider the welfare of the offender.

What must the CPS consider when deciding whether to prosecute a young offender?

The interests of the youth and the potential adverse impact of prosecution on their future.

What is the significance of the Edlington case [2010]?

Two young brothers committed severe acts of violence against other children, leading to a discussion on the necessity of prosecution despite their age.

What factors influenced the court's decision in the Edlington case?

The violent upbringing of the offenders and their lack of remorse.

What does s.58 of the Sentencing Act 2020 emphasize?

The need to prevent offending by children and young people.

What is the role of the Code for Crown Prosecutors regarding young offenders?

It mandates that the age of the suspect must be considered, and significant weight should be given to their age.

What does a conditional discharge entail?

The offender is discharged with the condition of no further offences within a specified period, or they face a new sentence.

What is the impact of a criminal record on young offenders?

It can have a disproportionate effect on their future prospects.

What is the rationale behind rehabilitation for young offenders?

To address the underlying causes of their behavior and prevent future offending.

What is the rationale behind retribution for young offenders?

To punish offenders for their actions and send a strong message about unacceptable behavior.

What is the significance of the phrase 'inexpedient to inflict punishment' in sentencing?

It allows for discharges in cases where punishment is deemed unnecessary due to the triviality of the offence or special circumstances.

What does the term 'culpability' refer to in the context of sentencing?

The degree of responsibility or blameworthiness of the offender.

What type of offences might lead to an absolute discharge?

Strict liability offences where culpability is very low or non-existent.

What is the potential consequence if a young offender reoffends during a conditional discharge?

The court can impose a new sentence and a penalty for the new offence.

What does the term 'rehabilitation' imply in the context of youth justice?

It suggests that young offenders should be treated as products of their upbringing and that their problems should be addressed.

What is the role of the court in youth sentencing according to the Sentencing Act 2020?

To consider the welfare of the young offender and aim to prevent reoffending.

What is the significance of the CPS considering the age of the suspect?

It ensures that young offenders are treated differently from adults in the justice system.

What is the minimum detention period set by the judge for the boys?

Five years

Under which act are the identities of the boys protected?

s.39 Children and Young Persons Act 1933

What is the age of criminal responsibility as per the amended s.50 Children and Young Persons Act 1933?

10 years old

What term describes children under 10 who are deemed incapable of crime?

Doli Incapax

What can happen to a child under 10 who breaks the law?

They can receive a Local Child Curfew or a Child Safety Order.

What was the presumption regarding children aged 10-14 before it was repealed?

They could NOT automatically be prosecuted unless the prosecution proved they knew right from wrong.

What did the United Nations Committee on the Rights of the Child recommend in 2002?

To increase the age of criminal responsibility to 14 years.

What is the presumption regarding bail for young people under the BAIL ACT 1976?

The presumption is stronger in favor of granting bail.

In which court are most offenders aged 10-17 tried?

Youth Court

What is the purpose of the Youth Court?

To keep young offenders separate from adult offenders and focus on rehabilitation.

What is the role of an appropriate adult during police interactions with young suspects?

To ensure the youth understands their rights and is supported.

What is the significance of the T & V v UK [2000] case?

It highlighted that trial procedures must accommodate the ages and vulnerabilities of young offenders.

What is the maximum age for a child to be tried in the Youth Court?

17 years old

What happens if a young offender is jointly tried with an adult?

They can be tried in an adult magistrate's court or Crown Court.

What is the main focus of the Youth Court system?

Welfare and rehabilitation of young offenders.

What is the purpose of the Child Safety Order?

To supervise young offenders typically for up to 12 months.

What is the role of lay magistrates in the Youth Court?

They receive special training and must sit as a mixed gender bench.

What is the reporting restriction in Youth Court cases?

Press can attend, but there are restrictions on identifying the youth.

What is the consequence of the proposed Age of Criminal Responsibility Bill?

It aimed to increase the age of criminal responsibility to 12.