factors for sentencing

• What are the two factors in sentencing called?

  • Mitigating
  • Aggravating
• What act sets out the Mitigating factor?

  S.73 of Sentencing Act 2020
• What are Mitigating factors? Examples

  They make a crime less bad and therefore the courts give them a more lenient sentence.

  E.G. having no previous convictions, mental illnesses, pleading guilty at the first opportunity as this doesn't waste courts time.
• Which Act sets out factors which are considered aggravating?

  S.64 of the Sentencing act 2020
• What are aggravating factors?

  Things which make the offence worse and therefore deserve a harsher sentence.

  E.G.

  Previous convictions, whether a defendant is on bail, racial, sexual, religious or disability hostility involved in the offence
• Since 2003 what can be used when considering sentences? - aggravating factors

  Victim impact statements may be prepared and read to the court and the court is obligated to pay regard to these