factors to sentencing

• aggravating factors are factors that will increase a sentence
• Mitigating factors will reduce a sentence
• what are the main factors in sentencing?

  pre-sentence reports

  medical reports

  sentencing guidelines

  reduction in sentence for a guilty plea

  the offenders background
• Pre-sentence reports are prepared by the probation service for consideration by the court before sentencing. this report may not be relevant in very serious offences, but is still important when the court is considering a community sentence.
• A pre-sentence report will give information about the offender's background and suitability for a community-based sentence. it might show why the offender committed the crime, and indicate the likely response to a community based penalty
• A medical report will be prepared if the offender has a medical or psychiatric problem, the report will be made by an appropriate doctor. medical conditions may be important factors in deciding the appropriate way of dealing with the offender, the courts have special powers where the offender is suffering from some sort of mental illness
• the sentencing council was established in 2010 to bring greater consistency and transparency for sentencing practice.
• What does the sentencinmg guidleine have a responsibility for?

  Developing sentencing guidelines and monitoring their use

  assessing the impact of the guidelines on sentencing practice

  promoting awareness among the public about the realities of sentencing

  publishing informating about sentencing practice in the magistrate's and crown court
• judges and magistrates are now under a duty to impose a sentence that follows the guidelines. they should only depart from these guidelines if this would bring better justice. this should help with more consistent sentencing.
• there are guidelines on sentencing for specific offenses, including mitigating and aggravating factors. the most important point is to establish how serious the offence was. this was stated in second 143 ( 1 ) of the criminal justice act 2003:

  in considering the seriousness of the offence, the court must consider the offender's culpability in committing the offence and any harm that the offence caused, or was intended to cause, or might reasonably have caused.
• what are examples of mitigating factors?

  no previous convictions

  showing genuine remorse

  taking a minor part in the offence

  mental illness or disability

  pleading guilty
• A guilty plea at the earliest opportunity should decrease a sentence by up to one third, but where the prosecution's case is overwhelming, it would be 20 percent.
• A guilty plea after trial has began has a 10% reduction because a guilty plea before trial will avoid the need for a trial, it shortens the gap between charge and sentence and saves considerable cost, and in the case of an early plea, will save victims and witnesses from the concern of giving evidence.
• what are examples of aggravating factors?

  previous convictions of a similar nature, or relevant to the present offence

  if the offender was on bail when the offence was committed

  any racial or religious hostility

  any hostility due to disability or sexual orientation bbeing involved in the offence

  if the offender plead not guilty.
• abused itIn addition to aggravating factors, the judge or magistrate will also want to know:

  • in a case of theft- how much was stolen, and if the offender was in a position of trust,
  • in assaults- what injuries were inflicted, and if it was premeditated
  • if the victim was particularly vulnerable
  • if the offender was in a position of trust and abusedit, the offence will be considered more seriously and merit a longer sentence
  • where several offenders are convicted for a crime jointly- whether any of them played a greater part than another and who was involved in planning it