Sentencing and Appeal s

• What are the aggravating factors that must be taken into account during sentencing?

  Relevant previous convictions, offence committed on bail, racial/religious hostility, and victim's sexual orientation, trans status, or disability
• Why are aggravating factors important in sentencing?

  They help determine the severity of the sentence based on the circumstances of the crime
• What are some discretionary aggravating factors in sentencing?

  Offence premeditated, committed in a group, targeted a vulnerable victim, committed under the influence, abuse of position of trust, committed against a victim providing a service, and weapon used
• How do mitigating factors influence sentencing?

  They can lead to a reduced sentence by highlighting circumstances that lessen the defendant's culpability
• What are some discretionary mitigating factors in sentencing?

  Committed on impulse, highly provoked or acted out of fear, defendant has a disability/mental illness, played a minor role in the crime, attempted to make reparations, defendant is very young or very old, and if property offence, the property involved was low in value
• What is the totality principle in sentencing?

  The totality principle states that the sentence imposed must not be disproportionate to the overall seriousness of the offending behavior
• When are consecutive sentences imposed?

  When the defendant is found guilty of multiple offences that did not arise out of the same conduct
• Under what circumstances are custodial sentences imposed?

  Custodial sentences are imposed only if the offence is so serious that neither a fine nor a community order can be justified
• What happens if the custody threshold is passed?

  A suspended sentence can be imposed
• How long is the maximum suspension for a custodial sentence?

  The maximum suspension is 2 years
• How long do people generally serve of their custodial sentence before being released on licence?

  People generally serve half of their custodial sentence
• What is a community order?

  A community order can include unpaid work and curfew
• What happens if a community order is breached?

  The defendant is sentenced to custody immediately
• What is a Newton hearing?

  A Newton hearing is held to settle disputed facts when the prosecution rejects a guilty plea on different facts
• What is required for an appeal from the magistrates?

  The defence can appeal the sentence only in the Crown Court
• What is the time limit for submitting a written notice of appeal from the magistrates?

  The written notice of appeal must be given within 15 working days
• Do you need to provide grounds for appeal in the Crown Court?

  No, the Crown Court cannot deny the appeal based on the lack of grounds
• What is the composition of the Crown Court during an appeal from the magistrates?

  The Crown Court consists of a judge and two magistrates, totaling three
• What can the Crown Court do regarding the sentence imposed by magistrates?

  The Crown Court can increase or reduce the sentence imposed but is restricted to the magistrates' sentencing powers
• What is the basis for appeals from magistrates to the High Court?

  Appeals are based on the ground that the decision is wrong in law or excess of jurisdiction
• What is the time limit for appealing to the High Court?

  The time limit is 15 working days to appeal in writing
• Who hears appeals from magistrates to the High Court?

  Appeals are heard by three judges: two High Court judges and one Lord Justice of Appeal
• What must the defendant do to appeal from the Crown Court?

  The defendant must apply for leave from either the Crown Court or the Court of Appeal
• What is the time limit for lodging a notice for application of leave to appeal from the Court of Appeal?

  The time limit is within 28 days of the decision
• Under what circumstances can a conviction be appealed?

  A conviction can be appealed only if it is unsafe due to poor representation, disclosure issues, jury irregularity, mistakes of the judge, or inconsistent verdicts
• What are the grounds for appealing a sentence?

  A sentence can be appealed if it is wrong in law, wrong in principle, or manifestly excessive
• Can the prosecution appeal a jury's decision to acquit?

  No, the prosecution cannot appeal a decision by a jury to acquit
• What is required for an appeal to the Supreme Court?

  The Court of Appeal or Supreme Court must grant leave to appeal, and the CoA must certify that a point of law of general public importance is involved
• What are the key components of the sentencing process in FLK2?

  • Aggravating factors (mandatory and discretionary)
  • Mitigating factors (discretionary)
  • Totality principle
  • Consecutive vs. concurrent sentences
  • Custodial sentences and community orders
  • Pleading guilty with disputed facts
  • Appeals process (from magistrates to Crown Court, High Court, and Supreme Court)
• Can an appeal be made from the magistrates court to court of appeal?

  No only indictable offences where trial was held at crown court can appeal to CoA
• Which court would a defendant appeal to from the youth court?

  High court (queens bench division )
• What is the time limit for making an appeal for case stated from a lower court to the High Court?

  21 days from decision in lower court
• where must you file an appalent notice to seek permission to appeal from crown court?

  Court of Appeal within 28 days of decision
• Can you appeal to court of appeal from crown court if you plead guilty?

  yes it does not matter whether you plead guilty or not guilty
• What must be shown to successfully appeal against a sentence in the court of appeal? Sentence must be shown to be:

  1. wrong in law
  2. Wrong in principle
  3. excessive
• even if leave is granted from court of appeal to appeal conviction what must be shown to declare the conviction to be unsafe?

  • The Judge made an error of law during the trial;
  • The Judge misdirected the jury in law or fact in his summing up;
  • There was otherwise a procedural irregularity during the trial;
  • The verdicts were inconsistent;
  • There is now material and credible fresh evidence which was unavailable during the trial which casts doubt on the jury's verdict or the safety of the conviction.
• what is the time limit to appeal to the Supreme court from CoA?

  Within 28 days of CoA decision
• In criminal proceedings - what grounds do judicial review most likely arise?

  1. investigatory decisions,
  2. prosecutorial decisions,
  3. decisions of the court (when, for whatever reason, a straightforward appeal is not an option)