Criminal Sentencing
After a crime occurs, and the police arrest and charge someone, the Crown Prosecution Service decides whether to take them to court. The CPS have guideance on charging here: https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-2013-fifth-edition-may-2013-revised-arrangements
If an individual is prosecuted and either plead guilty or are found guilty by magistrates, or for more serious offences, a jury of members of the public, they are then sentenced.
Over 95 per cent of all criminal cases are dealt with in the magistrates' court. The maximum prison sentence in the magistrates' court is six months (which may be imposed consecutively up to 12 months for two triable either-way offences). When someone is found guilty or has pleaded guilty, the magistrates proceed to sentence using a structured decision making process and sentencing guidelines which set out the expected penalty for typical offences. They will also take note of case law and any practice directions from the higher courts and are advised in court by a legally qualified adviser.
The judge or magistrates look at the facts of the case and decides what the most appropriate sentence would be, based on the harm caused or intended to the victim and how blameworthy the offender is (culpability / the offender's role). See. https://www.sentencingcouncil.org.uk/overarching-guides/crown-court/item/general-guideline-overarching-principles/
Purpose
A sentence is the punishment a judge or magistrate decides should be given to someone who has been convicted of a crime. The offender has either plead guilty or are found guilty by magistrates, or for more serious offences, a jury of members of the public, and they are then sentenced.
A sentence aims to:
• Punish the offender - this can include going to prison, doing unpaid work in the community, obeying a curfew or paying a fine.
• Reduce crime - by preventing the offender from committing more crime and putting others off from committing similar offences.
• Reform and rehabilitate offenders - changing an offender's behaviour to prevent future crime for example by requiring an offender to have treatment for drug addiction or alcohol abuse.
• Protect the public - from the offender and from the risk of more crimes being committed by them. This could be by putting them in prison, restricting their activities or supervision by probation.
• Make the offender give something back / reparation by offenders to persons affected by their offences - for example, by the payment of compensation or through restorative justice. Restorative justice gives victims the chance to tell offenders about the impact of their crime and get an apology.
Sentencing Guidelines
Sentencing guidelines, set out the process judges should follow and the factors they should consider, to work out the appropriate sentence. Sentencing guidelines are only those: guidelines. Judges are entitled to step outside those guidelines where the circumstances justify it, as long as they recognise that they are so doing and explain their reasons.
Sentencing Ranges / Levels
For each crime there is a range of sentences available and the judge or magistrates have to decide which type of sentence is right.
Step 1 Reaching a provisional sentence
a) Where there is no definitive sentencing guideline for the offence, to arrive at a provisional sentence the court should take account of all of the following (if they apply):
• the statutory maximum sentence (and if appropriate minimum sentence) for the offence;
• sentencing judgments of the Court of Appeal (Criminal Division) for the offence; and
• definitive sentencing guidelines for analogous offences.
The court will be assisted by the parties in identifying the above.
For the avoidance of doubt the court should not take account of any draft sentencing guidelines.
b) Where possible the court should follow the stepped approach of sentencing guidelines to arrive at the sentence.
The seriousness of the offence is assessed by considering:
• the culpability of the offender
and
• the harm caused by the offending.
c) The initial assessment of harm and culpability should take no account of plea or previous convictions.
Once a provisional sentence is arrived at the court should take into account factors that may make the offence more serious and factors which may reduce seriousness or reflect personal mitigation.
Step 3 Consider any factors which indicate a reduction for assistance to the prosecution
The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.
Step 4 Reduction for guilty pleas
The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and the guideline for Reduction in Sentence for a Guilty Plea (where first hearing is on or after 1 June 2017, or first hearing before 1 June 2017).
Step 5 Dangerousness
Where the offence is listed in Schedule 15 and/or Schedule 15B of the Criminal Justice Act 2003
The court should consider whether having regard to the criteria contained in Chapter 5 of Part 12 of the Criminal Justice Act 2003 it would be appropriate to impose a life sentence (section 224A or section 225) or an extended sentence (section 226A). When sentencing offenders to a life sentence under these provisions, the notional determinate sentence should be used as the basis for the setting of a minimum term.
Step 6 Special custodial sentence for certain offenders of particular concernWhere the offence is listed in Schedule 18A of the Criminal Justice Act 2003 and the court does not impose a sentence of imprisonment for life or an extended sentence, but does impose a period of imprisonment, the term of the sentence must be equal to the aggregate of the appropriate custodial term and a further period of 1 year for which the offender is to be subject to a licence.
Step 7 Totality principleIf sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Offences Taken into Consideration and Totality guidelines.
Step 8 Compensation and ancillary orders
In all cases the court should consider whether to make compensation and/or other ancillary orders.
Where the offence involves a firearm, an imitation firearm or an offensive weapon the court may consider the criteria in section 19 of the Serious Crime Act 2007 for the imposition of a Serious Crime Prevention Order.
• Ancillary orders - Magistrates' Court
• Ancillary orders - Crown Court Compendium, Part II Sentencing, s7
Step 9 ReasonsSection 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.
Step 10 Consideration for time spent on bail (tagged curfew)The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003.
https://www.sentencingcouncil.org.uk/about-sentencing/how-sentences-are-worked-out/
See.
https://www.gov.uk/appeal-against-sentence-conviction
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