Sentencing

• What is the maximum sentence in Magistrates Court?


  6 months
• What is the maximum sentence in Crown Court?


  Life imprisonment
• What are the maximum sentences for the following offences as decided by Parliament?


  • Murder: Life imprisonment
  • Robbery: Up to life imprisonment
  • Theft: Up to 7 years
  • Criminal damage: Up to 10 years
  • Arson: Up to life imprisonment
  • Common Assault: Up to 6 months
• What is the minimum sentence for a second serious or violent offence according to the Crime (Sentences) Act 1997?


  Life sentence
• What does the Powers Of Criminal Courts (Sentencing) Act 2000 allow?


  It allows defendants to be committed to the Crown Court for sentencing from the Magistrates Court.
• What is the maximum reduction in sentence for a guilty plea?


  5 years
• What factors do Magistrates/Judges consider when determining a sentence?


  • Seriousness of the offence
  • Antecedents (social background)
  • Whether the offence was committed whilst on bail
  • Religious or racial hatred involved
  • Vulnerability of the victim
  • Impact on community
• What are the purposes of sentencing according to s142 Criminal Justice Act 2003?


  • Punishment of offenders
  • Reduction of crime (including deterrence)
  • Reform and rehabilitation of offenders
  • Protection of the public
  • Reparation by offenders to affected persons
• What are the key aims of sentencing that go beyond punishment?

  • Deterrence
  • Rehabilitation/Reform
  • Reparation
  • Incapacitation
  • Denunciation
• What is the role of the Sentencing Council?


  • Sets sentencing guidelines for Magistrates/Judges
  • Influences sentencing practices
  • Conducts research and projects related to sentencing
• When were the Sentencing Guidelines established?


  Since the Criminal Justice Act 2003
• Why might a pre-sentence report be requested by Magistrates/Judges?


  To gather detailed information about the offender's background and circumstances.