BPTC Law Notes BPTC Criminal Litigation Notes
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, ...
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 PRINCIPLES
PURPOSES OF SENTENCING
for offenders 18+
punishment of offenders
reduction of crime (including by deterrence)
reform and rehab of offenders
public protection
offender reparation to those affected (CJA 2003 s142(1))
for offenders under 18
prevent offending
have regard to welfare of child / young person
SENTENCING GUIDELINES AND ROLE OF SENTENCING COUNCIL
CAJA 2009 created the Sentencing Council (SC), abolishing Sentencing Guidelines Council (SGC), BUT guidelines issued by SGC treated as if issued by SC
two types of guidelines:
definitive SC guidelines - should specify offence range + (if different offence categories exist) category range within it + starting point (s121 CAJA 2009)
definitive CA guidelines - authoritative but NOT strictly binding
duty to follow SC guidelines
court must follow relevant sentencing guidelines, unless contrary to interests of justice (s125 CAJA 2009)
interests of justice
includes CA case law + definitive CA guidelines
BUT cannot depart from SC guidelines if just think out of touch / earlier authority preferable
must impose sentence within offence range subject to
reduction for G plea, assistance + any rule as to totality of sentences; +
statutory specific sentences
should decide which category most resembles offender's case to determine starting point, unless no category sufficiently resembles
need NOT impose sentence within category range
APPROACH TO SENTENCING AND KEY PRINCIPLES
OFFENCE CATEGORY
purpose
determine:
seriousness (= culpability + harm)
which sentencing threshold crossed + whether custodial / community / other sentence appropriate + length of custodial sentence / onerousness of community requirements / amount of fine
seriousness
culpability
4 levels
intention (highest = planned)
recklessness (appreciates some harm but proceeds giving no thought to consequences, though risk obvious)
knowledge of risks (though no intention to cause resulting harm)
negligence
harm (actual, intended or foreseeable)
to individual (depends on impact on particular person)
to community
other e.g. animal cruelty causing indirect harm to human
prevalence (how common crime is)
general rule: should not affect seriousness
exception: local circumstances causing harm to community + supporting evidence from external source
the sentencing thresholds
the custody threshold
court must NOT pass unless offence(s) so serious that neither fine / community sentence can be justified (152(2) CJA 2003)
passing test does NOT mean custodial sentence inevitable
approach
custody threshold passed?
if so, custodial sentence avoidable?
if so, can it be suspended?
if not, can it be served intermittently
if not, impose immediate custodial sentence
length of custodial sentence
shortest term commensurate with seriousness of offence
threshold for community sentences
court must NOT pass unless
offence(s) serious enough to warrant (CJA s148(1)); OR
offence NOT serious enough BUT offender 16+ fined on 3+ occasions + in interests of justice
NOT inevitable if threshold passed - court should consider all options
METHOD (2 stages)
STAGE 1: ID starting point + category range
starting point = based on first time offender pleading NG + applies irrespective of plea / pre-cons (considered at stage 2)
ask: which e.g. does offence most closely resemble?
STAGE 2: aggravating + mitigating factors = statutory court must treat as aggravating factor if present
aggravating
higher culpability
vulnerable V
deliberately causing more harm than necessary for commission of offence
pre cons
offence committed on bail
offence committed on licence (following release from custodial sentence)
racial / religious aggravation / offences with terrorist connection
related to disability, sexual orientation, transgender identity
failure to respond to non-custodial sentences
planning
intention to commit more harm than results
gangs
commission of offence for financial gain / high profit / 'professional offending'
attempting to conceal evidence
drink / drugs
use of weapon
abuse of trust / power
use of child to assist / child complicit
greater harm
multiple Vs
exceptionally serious effect on V (even if unintended)
sustained assault / repeated assault on same V
vulnerable V
location of offence e.g. isolated
offence against person providing public service
presence of others
additional degradation of V
high value of property (including sentimental)
mitigating (lesser culpability)
greater degree of provocation
mental illness / disability
youth / age affecting responsibility
minor role
can move outside category range if necessary (e.g. multiple offences, pre cons) + depart from guidelines if offender at very top of highest range
prelim view of appropriate sentence (usually within category range)
OFFENDER MITIGATION
court has discretion to take into account whether to take into account; less relevant if offence very serious
even if custody threshold passed, offender mitigation may make custodial sentence inappropriate
remorse, good character, NO pre cons, immaturity, old age, serious illness, lapse of time since offence not fault of offender, determination to address addiction / offending behaviour, meritorious conduct unrelated to offence
REQUIRED REDUCTIONS IN SENTENCE
reduction in sentence for a G plea (CJA 2003 s144)
= a mitigating factor
court must state that reduction made + should state what sentence would have been without reduction
why?
avoids trial, shortens gap between sentence + charge, saves costs + (early plea) alleviates V and W concern about giving evidence, NOT to reflect remorse
applies:
mags', CC, youth court
to punitive elements
does NOT apply
to rehabilitative elements
ancillary orders, driving disqualifications
if appropriate, reduction = change from custodial to community sentence
how?
...
Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.
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, ...
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