introduction

• What must the Court decide upon conviction?

  What sentence is appropriate
• How do sentencing powers differ among courts?

  They vary based on the court type
• What is the maximum sentence for Magistrates' Court?

  6 months, 12 for two offences
• What is the maximum sentence a Judge in Crown Court can impose?

  Life sentence
• What restricts Magistrates and Judges in sentencing?

  Maximum sentences set by Parliament
• What is the maximum sentence for attempted murder?

  Life imprisonment
• What is the maximum sentence for burglary?

  14 years imprisonment
• What is the maximum sentence for theft?

  7 years imprisonment
• What is the maximum sentence for criminal damage?

  10 years imprisonment
• What is the maximum sentence for arson?

  Life imprisonment
• What is the maximum sentence for common assault?

  6 months imprisonment
• What happens if a defendant pleads guilty according to the Sentencing Act 2020?

  They receive a reduction in sentence
• What is the reduction in sentence for a guilty plea entered at the first opportunity?

  1/3 reduction
• What is the reduction in sentence for a guilty plea after the trial date is set?

  1/4 reduction
• What is the reduction in sentence for a guilty plea entered at the door of the court?

  1/10 reduction
• What is the maximum reduction in sentence for guilty pleas?

  5 years
• Why is there a sliding scale for discounts to sentences for guilty pleas?

  To encourage early admissions of guilt
• What must Magistrates and Judges consider when sentencing?

  The aims they are trying to achieve
• What is often requested from the probation service before sentencing?

  A pre-sentence report
• What are the various factors considered by Magistrates and Judges in sentencing?

  • Seriousness of the offence
  • Antecedents of the offender
  • Offence committed while on bail
  • Involvement of religious or racial hatred
  • Vulnerability of the victim
  • Impact on the community
• What are the five main penal theories of sentencing according to the Sentencing Act 2020?

  1. Punishment/Retribution
  2. Deterrence
  3. Reform and Rehabilitation
  4. Protection of the public/Incapacitation
  5. Reparation by offenders
• What must courts have regard to when dealing with adult offenders?

  The purposes of sentencing
• Who sets the Sentencing Guidelines?

  Sentencing Council
• What must Magistrates and Judges consider according to the Sentencing Guidelines?

  Seriousness of the crime and previous convictions
• What types of sentences must be considered by Magistrates and Judges?

  Prison, community, or other types
• What should one research about the Sentencing Council?

  • Its functions and decision-making process
  • Impact on sentencing practices
  • Current projects and initiatives