Sentencing Factors Essay Model Answer

• There are numerous factors that need to be regarded when deciding what appropriate sentence to impose in a criminal trial.
• The court will start with the tariff of the offence committed which sets out the maximum penalty specifically for the offence. E.g. common assault and battery are summary offences with a maximum penalty of 6 months imprisonment and/or £5000 fine where Assault occasioning Actual Bodily Harm under s.47 Offences Against the Person Act 1861 carries a maximum of 5 years imprisonment. A judge cannot go over the tariff of the offence.
• Another factor considered by a judge is the courts sentencing powers as the sentence is limited by the court in which the sentencing takes place. The maximum sentencing power of the magistrates court is 6 months imprisonment or a £5000 fine. Additionally, under the Powers of Criminal Courts (Sentencing) Act 2000, the magistrates may send a convicted offender to the crown court to be sentenced if they feel that their powers of sentencing are not sufficient. On the other hand, the Crown Court has unlimited powers up to the maximum for the offence.
• In both instances, the court will have a copy of the sentencing guidelines issued by the Sentencing Council which it will use as a starting point.
• Furthermore, the judge will look at the case and consider whether there are any aggravating factors. Aggravating factors are those that may make an offence worse and so the offender is likely to receive a more severe sentence. Examples from the Sentencing Act 2020 include offences committed whilst on bail and terrorist offences. The sentencing council also include the use of a weapon, pre-meditation and crimes against vulnerable victims as causes to pass a longer sentence.
• Mitigating factors make a crime less serious and so the offender is likely to receive a shorter sentence. Under the Sentencing Act 2020 assisting the prosecution or entering an early plea may reduce a sentence. The sentencing guidelines recommend a reduction of 1/3 for a guilty plea at the first reasonable opportunity. Other examples include the defendant being of good character, having no previous convictions, showing remorse, acting under provocation and if they were a vulnerable defendant.
• Additionally, the defendant's antecedents would be considered. If the defendant has previous convictions, more specifically if similar to the offence they have most recently committed then this would likely indicate a more serious sentence to be passed.
• Pre-sentencing reports prepared by the probation service about the offender's background will also be considered. Information regarding the offender's age, employment situation, family commitments, financial situation, whether they have anywhere to live and if they provide a service to the community will be assessed to ascertain their risk of re-offending and whether they are considered to be a danger to the public. On the basis of this information, a type of sentence is recommended.
• Finally, they may consider the victim impact statement. This can be provided by the victim to inform the court of the effect of the crime has had upon them. This does not need to be taken into account by the court when passing sentence, but is increasingly used in reaching a final decision. The larger the impact on a victim could lead to a more severe sentence being imposed.