factors

• What are aggravating factors?

  Factors that make an offence more serious and therefore increase the severity of the sentence.
• Where in legislation is a list of aggravating factors set out?

  Section 143 (1) of the Criminal Justice Act 2003.
• What are the aggravating factors listed in s 143 (1) of the Criminal Justice Act?

  • Previous convictions for offences of similar nature
  • The defendant was on bail when committing the offence
  • Racial/religious hostility involved in the offence
  • Hostility to disability or sexual orientation involved in the offence
• What are other aggravating factors that aren't listed in s 143 (1)?

  • The offender was part of a group attacking the victim
  • A particularly vulnerable victim (e.g. elderly person; child)
  • A victim serving the public (e.g. nurse; police)
  • The offence was premeditated
• What will happen when aggravating factors are present in an offence?

  The court will pass a more severe sentence that it normally would have given.
• What is a mitigating factor?

  Factors that allow the court to give a lighter sentence than normal.
• What are examples of mitigating factors?

  • The defendant cooperates with the police
  • The mental illness of the defendant
  • The defendant has no previous convictions
  • Evidence of genuine remorse
  • Guilty plea
• What does the Sentencing Council guideline about guilty pleas being mitigating factors?

  • A guilty plea at first instance results in a 1/3 sentence reduction
  • A guilty plea after the trial has started results in a 1/10 sentence reduction.
• What aspects of the offender's background are considered in court?

  Previous convictions and reports.
• How does the offender's previous convictions affect sentencing?

  Where they have previous convictions for the same/similar type of offence, then they are likely to receive a heavy sentence. Where they have no previous convictions is usually treated more leniently.
• How does the offender's reports affect sentencing?

  The courts will often have a report prepared by the probation service on the offender and their background. If the defendant is ill, the court may ask for a medical report. These reports are considered with other factors when deciding what sentence to impose.