AO1 - Factors in Sentencing

• There are four factors taken into account when deciding a sentence for an offender: offence details, aggravating and mitigating factors, reports on the offender, sentencing guidelines
• 1. Offence details

  • s.143(1) CJA 2003 states that in considering the seriousness of the offence, the court must look at how blameworthy the defendant is and whether they intended or foresaw the result
• 2. Aggravating and mitigating factors:

  • Aggravating factors make the offence more serious, which may result in a harsher sentence, e.g. offence was racially or religiously aggravated
  • Mitigating factors allow the courts to give a lighter sentence, e.g. genuine remorse
  • Under s.144 CJA 2003, a guilty plea can reduce the sentence up to one third if they plea at the first availably opportunity
• 3. Reports on the offender

  • A pre-sentence report can be prepared by the probation service on each offender, it contains their age, background and previous convictions
  • A defendant who has no previous convictions will usually be treated more leniently
  • If a defendant is ill, a medical report can be prepared
  • A financial report can be needed if the courts are considering imposing a fine
• 4. Sentencing guidelines

  • Issued by the Sentencing Council which was set up by the Coroners and Justice Act 2009
  • Give a starting point for an offence depending on certain factors and in particular whether a custodial sentence or community order should be imposed
  • Guidelines give a sentencing range
  • Reduction in sentence for a guilty plea