A mitigating factor is a circumstance or evidence that can reduce the severity of a crime.
what are the main factors in a sentencing?
Pre-sentence reports
Medical reports
Sentencing guidelines
Reduction in sentence
Offender's background
Past convictions
What responsibilities does sentencing council have?
Developing sentencing guidelines
Assessing the impacts of their sentencing guidelines
promoting awareness to the public about the reality of sentencing
Publishing sentencing information in the magistrate and crown court
What are examples of aggravating factors?
Previous convictiond
Bail status
If there was any sort of racial or religious hostility
If there was any hostility to disability or sexual orientation
If the offence was premeditated
If the offence had intent
What specific factors on the case would the judge or magistrate want to know (Aggravating factors continued) ?
Criminal history, severity of harm caused, premeditation, use of a weapon, and vulnerability of the victim, if the offender was in a position of trust and abused it, if there were several offenders
What are examples of mitigating factors?
A lack of previous convictions
Showing genuine remorse
Taking a minor part in the offence
Mental illness/disability
Pleading guilty
what would happen if the offender pleads guilty at the earliest opportunity?
The sentence would be reduced up to one third
what would happen if the offender plead guilty after the trial had began?
The sentencing would be reduceed by 10 %
what are the mental illnesses that the sentencing council has decided to set new guidelines for?
Schizophrenia
Depression
PTSD
Developmental issues such that of autism
neurological impairments eg dementia
What are the types of sentences for adult offenders?