sentencing overview

• What does the sentencing overview provide an introduction to?

  The key sentencing principles for criminal cases
• What aspect of the criminal justice system is being considered in this material?

  The sentencing aspect
• What begins the criminal justice process?

  A person being arrested and brought before the magistrates' court
• What happens if a person pleads guilty?

  The court moves to sentence
• What occurs if a person pleads not guilty?

  There is a trial and the court comes to a verdict
• What happens if the verdict is guilty?

  The defendant must be sentenced
• What can a person do after being sentenced?

  They may appeal
• What is the 'Sentencing Code'?

  A consolidation of existing sentencing procedure law
• How many pieces of primary legislation does the Sentencing Code bring together?

  Over 50 pieces
• What is the Sentencing Act 2020 referred to as?

  SA 2020
• What do courts refer to in addition to the Sentencing Code?

  Sentencing guidelines published by the Sentencing Council
• What types of sentences are available to a court when dealing with an offender?

  • Custodial sentences
  • Non-custodial sentences
• What is one of the main advantages of the SA 2020?

  It brings a wide range of disposals together under one roof
• What are the purposes of sentencing according to Section 57 SA 2020?

  1. Punishment of offenders
  2. Reduction of crime (including deterrence)
  3. Reform and rehabilitation of offenders
  4. Protection of the public
  5. Making reparation by offenders
• How are the purposes of sentencing weighted in a particular case?

  They are given equal weight, though some may be more important than others
• What must a court assess to decide the type and length of a sentence?

  The seriousness of the case
• When does sentencing occur?

  Once a defendant is convicted
• What courts have powers of sentence?

  The magistrates’ court, youth court, and Crown Court
• What is the difference between the maximum sentence for a specific offence and the maximum sentence imposed by a particular court?

  The maximum sentence for a specific offence is set by statute, while the court's maximum is limited by its jurisdiction
• What does Section 14 SA 2020 allow magistrates to do?

  Commit an adult for sentence to the Crown Court for offences triable either way
• What happens if a defendant pleads guilty to a burglary in the magistrates’ court?

  The magistrates may decide to commit the case to the Crown Court for sentencing
• What is the maximum sentence for burglary (dwelling) under the Theft Act 1968?

  14 years
• What are the sentencing powers based on the type of offence?

  • Summary only: Sentenced in magistrates’ court
  • Either-way: Can be sentenced in magistrates’ court or Crown Court
  • Indictable only: Sentenced in Crown Court
• What happens if a defendant pleads guilty to a summary only offence?

  It can only be sentenced in the magistrates’ court
• What occurs if a defendant pleads not guilty to a summary only offence?

  They must be sentenced in the magistrates’ court if found guilty
• What happens if a defendant pleads guilty to an either-way offence in the magistrates’ court?

  They can be sentenced in the magistrates’ court or sent to the Crown Court
• What happens if a defendant pleads guilty to an either-way offence in the Crown Court?

  They must be sentenced in the Crown Court
• What occurs if a defendant pleads not guilty to an either-way offence in the magistrates’ court?

  They could be sentenced in the magistrates’ court or sent to the Crown Court
• What happens if a defendant pleads not guilty to an either-way offence and the case is sent to the Crown Court?

  They must be sentenced in the Crown Court
• What happens if a defendant is charged with an indictable only offence?

  They will always be sentenced in the Crown Court
• What is the example given for a defendant charged with Assault Occasioning Actual Bodily Harm?

  The defendant punched and kicked the complainant
• What must a defendant do if they accept the assault but dispute the facts?

  Enter a guilty plea on a written basis
• What happens if the prosecution does not accept the basis of plea?

  The judge will decide if it is absurd
• What occurs if the judge finds the basis of plea is not absurd?

  They will decide if it makes a material difference to the sentence
• What is a Newton hearing?

  A hearing to decide the factual basis for sentencing
• Who presides over a Newton hearing in the magistrates' court?

  Magistrates or a District Judge
• What happens at a Newton hearing?

  The prosecution makes an opening speech and calls evidence
• What must the court decide at the conclusion of a Newton hearing?

  Whether the prosecution has proved its version of the facts beyond reasonable doubt
• What happens if the prosecution proves its case at a Newton hearing?

  The defendant will be sentenced on the prosecution version of the facts
• What is the consequence for a defendant if sentenced on the prosecution version of the facts?

  They lose some credit for pleading guilty