22. Sentencing principles PDF

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Summary

22. Sentencing principles purposes of sentencing and sentencing guidelines assessment of seriousness, reduction in sentence for guilty plea, aggravating and mitigating features, the totality principle and prevalence pre-sentence reports, medical reports, and victim personal statements indications as...

Description

22. Sentencing principles 1. purposes of sentencing and sentencing guidelines 2. assessment of seriousness, reduction in sentence for guilty plea, aggravating and mitigating features, the totality principle and prevalence 3. pre-sentence reports, medical reports, and victim personal statements 4. indications as to sentence 5. sentencing in the Crown Court 6. sentencing procedure in the magistrates’ courts 7. committal for sentence Assessment of seriousness, reduction in sentence for guilty plea, aggravating and mitigating features, the totality principle and prevalence General Sentencing Title Purposes of sentencing

Description The court should consider which one or more it is trying to achieve. 5 purposes (a) Punishment (b) Reduction of crime (c) Reform and rehabilitation of offenders (d) Public protection (e) Compensating victims DOES NOT APPLY TO Minor: to prevent offending by youth and young persons Where punishment is fixed by law: e.g. murder

Sentencing guidelines

General procedure

The court should consider the sentencing guidelines for the offence before them which includes… (a) Categories of case (b) Category/offence ‘range’ (c) Starting points UNLESS contrary to the interests of justice. DOES NOT APPLY TO Minors: ‘Overarching Principles – Sentencing of Children and Young People’ Pre-sentencing report  MUST submit in custodial or community sentence, may submit in any other case  Unless it is unnecessary  For...