This website uses cookies to ensure you get the best experience on our website. Learn more

BPTC Law Notes BPTC Criminal Litigation Notes

Sentencing Notes

Updated Sentencing Notes

BPTC Criminal Litigation Notes

BPTC Criminal Litigation

Approximately 1169 pages

A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...

Available here

The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Sentencing

What are the main objectives of sentencing?

  1. Punishment

  2. Protection of the public

  3. Making of reparation of offenders to persons affected by their offences

  4. Reform and rehabilitation of offenders

  5. [only for adults] Reduction in crime (by deterrence)

  6. [only for youths under 18] prevent offending or re-offending

  7. [only for youths] ensure the welfare of the youth
What are the general factors that affect the seriousness of the offence?

The offender’s culpability is a key factor when sentencing, and this is affected by a number of factors:

  1. Committing offence while on bail;

  2. Failure to respond to previous sentences;

  3. Offence was racially or religiously aggravated;

  4. Offence motivated by sexual orientation of the victim;

  5. Previous convictions, particularly a pattern of re-offending;

  6. Planning the offence;

  7. An intention to commit more serious harm than actually resulted;

  8. Offenders operating in groups or gangs;

  9. ‘Professional’ offending;

  10. Commission of the offence for financial gain;

  11. High level of profit from the offence;

  12. An attempt to conceal or dispose of evidence;

  13. Offence committed while on licence;

  14. Deliberately targeting vulnerable victims;

  15. Use of a weapon to frighten or injure victim;

  16. Deliberate and gratuitous violence or damage to property, over and above that required for the commission of the crime;

  17. Abuse of power; and

  18. Abuse of trust.
What are the common mitigating factors?
What level of discount with a defendant get if they plead guilty?

Max. 1/3 off sentence if pleaded at first reasonable opportunity.

Max. 1/4 off sentence if pleaded after trial date is set.

Max. 1/10 off sentence if pleaded at ‘door of court’ or after trial has begun.

[Adult] Magistrates’ Court Non-custodial Sentencing

What are the options for a magistrate when sentencing?

Absolute discharge - Mags’ deem it inappropriate to impose punishment

Conditional discharge - Defendant (‘D’) is discharged on condition that he doesn't commit any further offences within a specific period (up to 3yrs). Any breach of the conditional discharge will result in D be re-sentenced for the offence.

Fine - The maximum fine per offence is 5,000, and this is for an either-way offence.

Community sentences - This is a ‘pick and mix’ menu for the court, with option including:

  1. An unpaid work requirement - between 40-300hrs, usually over the period of 12months;

  2. An activity requirement - the aggregate number of days must not exceed 60;

  3. A programme requirement;

  4. A prohibited activity requirement;

  5. A curfew requirement* - requires D staying in a specific place for a specific amount of time; can only be 6months long;

  6. An exclusion requirement* - cannot be more than 2yrs;

  7. A resident requirement;

  8. A mental health treatment requirement;

  9. A drug rehabilitation requirement;

  10. An alcohol treatment requirement;

  11. A supervision requirement - must attend appointments with an assigned probation officer;

  12. [where D is under 25] an attendance centre requirement

*This will often be attached to an electronic monitoring requirement.

Before ordering 2 or more requirements the court must assess whether they are compatible with each other. The court must also consider any conflict with D’s religious beliefs or any interference with work or education.

The threshold for a community order whether the offence ‘is serious enough to justify a community order’. In addition, a community order can only be made if the offence is punishable by imprisonment

Persistent offender: where D has been fined 3 or more times on previous occasions a community order may be given even if offence doesn't cross the threshold.

The maximum duration for a community order is 3yrs.
What are the consequences of breaching a community order?

Any breach will result in the offender being given a warning.

Any further breach within 12months of a previous breach will result in D being brought before the court again, and the court can:

  1. Amend the terms of the order;

  2. Impose a new sentence (a long as within the powers for the original sentence) (although can imprison even if not over threshold);

  3. Pass a custodial sentence for wilful and persistent non-compliance.
What happens if D commits a further offence while serving his community order? The court can revoke the order, or revoke it and re-sentence for the same offence, considering the fact that D complied with the order.

[Adult] Mags’ Powers for Custodial Sentences

What is the maximum custodial sentence available to the Mags’?

Summary offences: 6months, or that prescribed by the statute, whichever is less!

An either way offence: 6months, or that prescribed by the statute, whichever is less!

Two or more either-way offence: Max. aggregate of 12months.

Threshold: Offence/s so serious that neither a fine alone nor a community order can be justified for the offence.

Factors considered when deciding if threshold has been crossed:

  • An admission of guilt;

  • Offence fuelled by addiction to alcohol or drugs;

  • Youth or immaturity;

  • Character (whether D is of good character or has previous antecedents); and

  • Only if custody is necessary!
What is a suspended sentence?

Any sentence up to 6months may be suspended for a period of time. This time is divided into two parts:

  1. Supervision period - D has to comply with community order requirements;

  2. Operational period - Time during which any further offence will trigger the sentence.

This period in total must last between 6-24months, and supervision period must not end later than operational period.
What are the consequences if D breaches a suspended sentence?

First breach: either warning or breach proceedings

Any further breach with 12months of first breach: breach proceedings

Breach proceedings have a presumption that the suspended sentence will be activated. However, the court can reduce the sentence or amend the suspended sentence order (imposing harsher requirements...

Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.

More BPTC Criminal Litigation Samples