Sentencing

• Aggravating factors :

  • Circumstances of an offence that make it worse/more serious and indicate a higher degree of culpability and potential harm.
  • May make a judge pass a harsher sentence 
  • Vulnerable victim
  • Breach of a position of trust 
  • Use of a weapon
  • Racially motivated
• Mitigating factors:

  • Any fact or circumstance that lessens the severity or culpability of a criminal act. May make a judge pass a more lenient sentence
  • Young defendant
  • No previous convictions
  • Shows remorse
  • Early guilty plea
• Imprisonment

  • Most serious sentence – D deprived of freedom – prison or YOI
  • Only if so serious nothing else is sufficient
  • Statute sets out maximum term e.g. S.20 OAPA  max is 5 years (7 if racially aggravated under Crime and Disorder Act 1998).
  • Can also be suspended.
• Community Sentence There are many option here including probation (known as a Community Rehabilitation Order), unpaid work (known as a Community Punishment Order) or a Curfew Order
• Fine

  This is the most common sentence and must take into account D’s finances. The max for an offence may be given in the statute. Magistrates can only fine someone up to a max of £5000.
• Discharge

  This is where D is free to go. There may be conditions attached (known as a conditional discharge) or there may be no conditions (known as an absolute discharge).
• Other types of sentencing

  • some sentences don't fit into the 4 main categories.
  • for example disqualification of driving disqualification length will depend on seriousness of offence
  • compensation orders or restitution orders where the offender may be ordered to pay back victim
• Proceeds Act 1995 states that courts can take from criminals all profits from crimes up to 6 years from conviction .

  A victim surcharge will also be payable by offenders and is used to fund victim services through victim and witness general fund