Criminal Process: General Principles of Sentencing

Question 1

Who decides the sentence?

Answer 1

• A magistrate or judge depending on what Court the case is heard in

Question 2

What is a sentencing tariff?

Answer 2

• A guideline for what the sentence should be

Question 3

What are the restrictions on sentencing for Crown Court judges? (2)

Answer 3

• Max life sentences

- Unlimited fines

Question 4

Explain maximum sentences and give two examples

Answer 4

• Magistrates and judges are restricted by maximum sentences that are laid down by Parliament in the statute covering each offence
• e.g the maximum sentence for theft is 7 years
• The maximum sentence for rape is a discretionary life sentence

Question 5

What did the Crime (Sentences) Act 1997 introduce? (2)

Answer 5

• Minimum sentences for persistent offenders, drug dealers and burglars
• An automatic life sentence for offenders convicted of a second serious or violent offence

Question 6

Often, the Probation Service will prepare what to help with deciding the most appropriate sentence?

Answer 6

• Pre-sentence report

Question 7

What factors does the Criminal Justice Act state should be taken into account when sentencing? (5)

Answer 7

• How serious the offence is for the type of offence it is
• Previous convictions for other similar offences or ones which are relevant to the current offence
• Whether the defendant was on bail when the offence was committed
• Whether there was any religious or racial element to the offence
• Whether there was any hostility towards disability or sexual orientation involved in the offence

Question 8

What are the effects of a guilty plea? (2)

Answer 8

• The sentence is likely to be reduced

- General rule that the earlier the guilty plea is entered, the more time will be deducted from the sentence

Question 9

If the defendant pleads guilty at their first opportunity to do so, by how much will their sentence be reduced?

Answer 9

• Up to 1/10

Question 10

How are discounts calculated?

Answer 10

• On a sliding scale

Question 11

Why is the sliding scale in place? (3)

Answer 11

• Cost - pleading not guilty costs the courts more money
• Time - pleading guilty results in a shorter trial
• Encourages rehabilitation and accountability

Question 12

What are the problems with the discount system? (2)

Answer 12

• It’s prone to cynical manipulation by the guilty

- Justice for victims

Question 13

How does the Sentencing Council justify the discount system? (4)

Answer 13

• Guilty plea avoids need for trial
• Shortens the gap between charge and sentence
• Saves considerable cost
• In the case of an early plea, it saves victims and witnesses from the concern of giving evidence

Question 14

What factors will the court consider in terms of the offender’s background? (5)

Answer 14

• Any previous convictions
• Whether or not they were on bail
• Where community service is possible, a pre-sentence report will be prepared by the Probation Service with details of the offender’s background and suitability for this type of sentence
• If there are any medical or psychiatric issues involved in the offence the court will ask for a medical report before making their decision
• If imposing a fine, the financial situation of the offender will need to be fully disclosed

Question 15

Who used to set the sentencing guidelines? What is the downside of this?

Answer 15

• The Court of Appeal

- They had to wait for a suitable case to come to court

Question 16

What was set up in 1998 to advise the Court of Appeal on guidelines?

Answer 16

• Sentencing advisory panel

Question 17

What was set up following the Criminal Justice Act 2003?

Answer 17

• Sentencing Guidelines Council

Question 18

The Sentencing Advisory Panel and the Sentencing Guidelines Council were combined to form what?

Answer 18

• The Sentencing Council

Question 19

Sentences are fixed by what? Who sets these? How else are they set?

Answer 19

• Sentences are fixed by tariff
• Set by the Sentencing Council
• Also set by sentences imposed in similar cases

Question 20

What are the sentencing factors? (5)

Answer 20

• government/politics
• precedent
• media pressure
• public opinion
• Sentencing Council recommendations

Question 21

The tariff, or length of the sentence will be determined by the court following guidelines issued by the Sentencing Council. What factors will the court look at in terms of the offender?

Answer 21

• The age of the offender
• The seriousness of the offence
• The likelihood of further offences being committed
• The extent of harm likely to result from further offences

Question 22

What are the four main categories of sentence?

Answer 22

• Custodial sentences
• Community sentences
• Fines
• Discharges

Question 23

What are two examples of additional orders the court can make?

Answer 23

• Compensation orders

- Driving bans

Question 24

What is absolute discharge?

Answer 24

• Where the court feels that the offender has received enough punishment by going through court and so discharges the offender with no further action needed

Question 25

What is conditional discharge?

Answer 25

• Were the offender will receive no punishment on the condition that they do not offend for a specified period of up to three years
• If the offender re-offends within the time limit, the court can impose another sentence in place of the conditional discharge, as well as a penalty for the new offence

Question 26

Explain a fine (4)

Answer 26

• Most common sentence given to adults
• Mostly administered for minor offences
• Magistrates can give a maximum fine of £5000 (or up to £20,000 on businesses who have committed offences under certain regulations such as health and safety)
• The Crown Court has no limit on the fine which it can impose

Question 27

Explain a suspended sentence order (4)

Answer 27

• offender doesn’t go to prison but has to comply with conditions set by the court
• Suspended period can be up to 2 years (6 months in the Magistrates)
• Breach of conditions can result in the offender being sent to prison for the rest of their sentence
• If they offend again, the prison sentence is ‘activated’ and the offender will serve both sentences (old and new)

Question 28

When should a suspended sentence be given?

Answer 28

• Only where the offence is so serious that a custodial sentence would have been appropriate but there are exceptional circumstances in the case that justify suspending the sentence

Question 29

What are the twelve requirements that can be imposed in a Community Order?

Answer 29

• unpaid work requirement
• activity requirement
• programme requirement
• prohibited activity requirement
• curfew requirement
• exclusion requirement
• residence requirement
• mental health treatment requirement
• drug rehabilitation requirement
• alcohol treatment requirement
• supervision requirement
• in a case where the offender is under 25, an attendance centre requirement

Question 30

Where are the twelve requirement that can be imposed in a Community Order set out?

Answer 30

Section 177 Criminal Justice Act 2003

Question 31

What does section 152 of the Criminal Justice Act 2003 stipulate?

Answer 31

• Custodial sentences are only available for offences so serious that neither a fine alone nor a community sentence can be justified for the offence

Question 32

Custodial sentences can range from a few weeks to life imprisonment, and can include what? (3)

Answer 32

• mandatory and discretionary life sentences
• fixed term sentence
• suspended sentences