aggravating and mitigating

• 1.introduction

  • s143(1) criminal justice act 2003 - outlines the seriousness of the crime is the most important point for a judge when deciding a sentence
• 2. aggravating factors

  • the CJA states that an offence may be made to be more serious due to the existence of certain 'aggravating' factors
  • including:

  1. previous convictions of a similar nature
  2. D being on bail whilst committing the offence
  3. racial/ religious hostility being involved of the offence
  4. if it was premeditated - assault
  5. theft - how much was stolen, whether D was in a position of trust
  6. if there is an aggravating factor - the court will pass a more severe sentence than it would have normally given
• 3. mitigating factors

  • there may be mitigating factors which lessen the seriousness of the offence and all the court to give a lighter sentence than normal
  • includes:

  1. if D co-operates with the police
  2. if D has no previous convictions
  3. physical and mental illnesses
  4. evidence of general remorse