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Seriousness & Sentencing

Sentencing Council
1. s118 Coroners and Justice Act 2009
2. Court must follow guidelines unless 'contrary to the interests of justice to do so'
3. s121 coroners and Justice Act - guidelines
Objectives of sentencing
1. Punishment
2. reduction of crime (including by deterrance)
3. reform and rehabilitation
4. protection of the public
5. reparation by offenders
6. if under 18 - prevent offending or re-offending and welfare
Seriousness - primary factor in assessing what the sentence should be
1. Thresholds
  1. custody - so serious that a fine nor a CO would be justified s152 CJA
  2. community - serious enough to warrant s148 CJA
2. Culpability
  1. Intention
  2. Recklessness
  3. Knowledge
  4. Negligence
3. Harm
  1. individual
  2. to the community
4. s143 - not only harm caused but that intended or reasonably foreseeable
Early Guilty Plea s 144 CJA - must have regard
1. 1/3 first reasonable opportunity
2. 1/4 where a trial date has been set
3. 1/10 at the door of the court
4. distil basis in writing
Effect of previous convictions s 143 CJA
1. each is agg factor
  1. relevance to offence
  2. length of time passed
General approach
1. has teh custody threshold been passed?
2. is it unavoidable
3. can it be suspended?

Seriousness & Sentencing

	Created by hargreas almost 11 years ago