Criminal (6)
Terms
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- What main statutes govern sentencing in England and Wales?
-
Criminal Justice Act 2003
Power of the Criminal Courts (Sentencing) Act 200 - What section sets out what the court should consider when sentencing?
- S. 142 CJA 2003
- Can the Mags following conviction for an E/W offence commit a defendant to the CC for sentencing? Auth?
- Yes (s. 3 PCC(S)A)
- What is the purpose of the financial inquiry carried out during sentencing in the context of fines?
- The level of fine must be within the means of the offender, must be paid within 12 months.
- What will the court assume the defendant's net weekly income to be if (s)he fails to provide the requested information.
- £350.00 net weekly income
- What if a D's fine is too high?
- D can apply to have the fine reduced.
- What if the D fails to pay without good reason?
- He may have a number of other penalties imposed, including a term of imprisonment.
- In addition to the base fine, what else might a D be required to pay?
- A victim surcharge
- How might a victim obtain compensation (if at all)?
- Compensation award made by the court requiring the D to pay the victim compensation.
- What does a conditional discharge mean?
- The D must not re-offend within a period of time (max 3 years)
- Can the court make a community order?
- Yes. See s. 177 CJA 2003.
- What threshold applies for the purpose of determining whether a community order can be issued?
- Whether the offence is 'serious enough' to warrant such an offence.
- Whether the offence is 'serious enough' to warrant such an offence.
- s. 148 CJA 2003
- When is an offender's consent required for the purpose of imposing a community order?
- Consent is not required unless it involves drug or alcohol rehabilitation, or psychiatric treatment.
- If the D commits a number of offences, how can the court structure the custodial component of any sentence?
- To run concurrently or consecutively or as a mixture of both.
- In terms of custodial sentences, what is the general rule where offences arise out of the same incident and are connected?
- The sentences should run concurrently.
- When might it be appropriate to impose consecutive sentences?
- When the offences are not linked.
- If an offender is released from prison on licence, when does the licence continue until?
- The expiry of the total length of the sentence.
- What sections governs the granting of a suspended sentence?
- S. 189 CJA 2003
- What is report might the court obtain before sentencing?
- A pre-sentence report
- What sections govern pre-sentence reports?
- S. 156 and 158 CJA 2003
- Can the court take into account previous convictions for the purpose of sentencing?
- Yes
- Where can the statutory aggravating factors be found?
- CJA 2003 (ss. 143 - 146)
- What is the normal figure applied for the purpose of an early guilty plea?
- Up to one-third off
- What can appeal the defendant's sentence and/or conviction?
- Only the D
- How would a D appeal?
- The D must lodge a notice of appeal within 21 days from the date of sentence or conviction.
- Who can appeal to the Divisional court, and on what grounds?
-
The prosecution or the defence.
Error of law; or
The decision was in excess of jurisdiction.
S. 111(1) MCA - How would the prosecution or defence appeal to the Divisional Court?
- The application must be made within 21 days to the clerk of the magistrates' court.
- Who can appeal from the Crown Court, and on what authority?
-
The defence may appeal on conviction, sentence, or both; a point of law or any matter relating to the trial.
Ss. 1 and 2 Criminal Appeals Act 1968 - When might a D appeal against conviction and what is the authority?
- Where the D argues the conviction is unsafe (s. 2(1) (a) Criminal Appeals Act
- After an appeal to the Supreme Court, what is the resort before applying to the ECHR?
- Apply to the Criminal Cases Review Commission.
- What is the Criminal Cases Review Commission?
- An independent body, set up to review suspected miscarriages of justice in England, Wales and Northern Ireland.