Sentencing - Overview

• What is the general structure of the criminal justice process leading up to sentencing?

  1. Arrest and court appearance (Magistrates’ Court).
  2. Plea entered:

  • **Guilty:** Court moves to sentence.
  • **Not guilty:** Trial occurs, then verdict is delivered.

  1. If guilty, defendant is sentenced; if not guilty, they are acquitted.
  2. Defendant may appeal the sentence.
• What is the "Sentencing Code" (SA 2020)?

  • Consolidation of over 50 pieces of legislation regarding sentencing procedures.
  • Found in the **Sentencing Act 2020** (SA 2020), specifically parts 2-13.
  • Standardizes sentencing practices across various courts.
  • Includes sentencing guidelines from the **Sentencing Council**.
• What are the two main categories of sentences available in criminal cases?

  1. **Custodial sentences** (e.g., imprisonment).
  2. **Non-custodial sentences** (e.g., community orders, fines, or cautions).
• What are the key purposes of sentencing as per Section 57 of the Sentencing Act 2020 (SA 2020)?

  1. **Punishment** of offenders.
  2. **Reduction of crime**, including deterrence.
  3. **Reform and rehabilitation** of offenders.
  4. **Protection of the public**.
  5. **Reparation** by offenders to victims.
• How does a court determine the appropriate sentence?

  The court evaluates:

  1. The seriousness of the offence.
  2. The relevant **sentencing guidelines**.
  3. The type of court (Magistrates' or Crown Court).
  4. The **limits** of the court's sentencing powers.
• What is the role of the Sentencing Guidelines in the sentencing process?


  • Help courts determine an appropriate sentence.
  • Provide a framework based on the seriousness of the offence.
  • Consider other factors like the offender’s background.
• What happens during the sentencing procedure after a defendant is convicted?

  1. Court proceeds to sentence after conviction.
  2. Court considers the facts and seriousness of the offence.
  3. Appropriate court (Magistrates’, Youth Court, or Crown Court) imposes a sentence based on its powers.
• What is the difference between maximum sentence and court powers in sentencing?

  • **Maximum sentence**: The statutory maximum for an offence.
  • **Court powers**: The maximum sentence a specific court can impose.
  • Magistrates' courts have limited powers; serious cases may be referred to the Crown Court.
• What is the procedure for "committing" a defendant for sentencing to a higher court?

  A defendant may be sent to the Crown Court for sentencing if:

  1. The offence is "either-way" and the magistrates’ court lacks sufficient sentencing powers.
  2. The magistrates believe the case is too serious for them to sentence.
• What happens in the case of "indictable-only" offences?

  • An "indictable-only" offence must be heard in the Crown Court.
  • If the defendant pleads guilty, they will be sentenced in the Crown Court.
  • They cannot be sent back to the Magistrates' Court.
• What happens if the basis of plea is contested by the prosecution?

  • If the prosecution does not accept the basis of plea, the judge decides if the plea is **absurd** or if it makes a **material difference** to the sentence.
  • If it matters, a Newton Hearing is held to determine the facts.
• What are "either-way" offences and how do they impact sentencing?

  • "Either-way" offences can be tried in either the Magistrates' or Crown Court.
  • **Guilty plea**: Can be sentenced in either court.
  • **Not guilty plea**: If tried in Magistrates’ Court, it could still be sent to Crown Court for sentencing.
• What is a “basis of plea” in criminal sentencing?

  • A **basis of plea** is a written document where the defendant admits guilt but contests certain facts.
  • The prosecution must accept it.
  • The court decides if it can influence the sentence.
• What is a Newton Hearing?


  • A Newton Hearing is held when the defendant pleads guilty but disputes certain facts affecting sentencing.
  • The court resolves the dispute.
  • If the prosecution proves their version beyond reasonable doubt, the defendant is sentenced based on that version.
• How does the Newton Hearing affect the sentence?


  • If the prosecution wins, the defendant may lose some of the sentence reduction for a guilty plea.
  • If the prosecution fails, the defendant will be sentenced based on their version of events.
• What does "totality" mean in sentencing?

  • "Totality" refers to ensuring the total sentence for multiple offences is just and proportionate.
  • The court decides on **concurrent** (served at the same time) or **consecutive** (served one after the other) sentences.
• What is the procedure for deferring a sentence?

  • A court can defer sentencing for up to six months to allow the defendant to demonstrate good behavior.
  • The deferral cannot be extended, except when sent from Magistrates’ to Crown Court, where it may be extended by an additional six months.
• What are indications of sentence?


  • Indications of sentence allow the defendant to understand the likely outcome if they plead guilty.
  • **Magistrates' Court**: Non-binding indication on custodial or non-custodial.
  • **Crown Court (Goodyear indication)**: Request for sentence indication before trial begins, if they accept prosecution facts or agree on a basis of plea.
• What is the impact of a Goodyear indication in the Crown Court?


  • A Goodyear indication outlines the likely sentence if the defendant pleads guilty.
  • Helps defendants make informed decisions.
  • The judge is not obliged to give it, and it is non-binding.