intro

• what is the magistrates sentencing powers?

  -max 6 months imprison (12 if committed 2 consecutive offences)

  -unlimited fines
• what is the crown's sentencing powers?

  -max life sentence

  -unlimited fines
• what are magistrates & judges restricted by when sentencing?

  max sentences - different for type of offence committed
• what is the max sentence for attempted murder?

  life
• max sentence for domestic burglary?

  14 years
• max sentence for theft?

  7 years
• max sentence for criminal damage?

  10 years
• max sentence for arson?

  life
• max sentence for common assault?

  6 months
• what act determined the reductions to a sentence when D pleads guilty?

  S73 sentencing act 2020
• what sentence reduction occurs when D enters guilty plea at first opportunity?

  1/3 off
• what sentence reduction occurs when D enters guilty plea after trial date is set?

  1/4 off
• what sentence reduction occurs when D enters guilty plea at "door of the court" or during the trial?

  1/10
• what is the max reduction that can be given?

  5 years - no more
• what is often requested from the probation service when deciding a sentence?

  pre-sentence report
• what do judges take into consideration when deciding a sentence?

  -seriousness of offence

  -antecedents

  -if committed on bail

  -if religious or racial hatred involved

  -impact on community

  -if victim was vulnerable e.g. child, disabled etc
• what act determined the 5 penal theories of the aims of a sentence?

  s57 sentencing act 2020
• what are the 5 penal theories for the aims of sentencing?

  -punishment & retribution

  -deterrence

  -reform & rehabilitation

  -protection of public / incapacitation

  -reparation by offenders to people affected
• who sets the sentencing guidelines?

  sentencing council
• under what act are the sentencing guidelines?

  criminal justice act 2003
• what does the criminal justice act say must be considered when sentencing?

  -seriousness

  -previous convictions

  -most appropriate sentence