#13739 - Sentencing - BPC Criminal Litigation (formerly BPTC) 2024/2025

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.

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.

Any breach without reasonable excuse will result in the offender being given a warning.

If breach particularly serious send it straight back to court.

Any further breach within 12months of a previous breach, officer MUST send D back to court to be dealt with.

Breach must be proved beyond reasonable doubt. Then the court must either:

1. Amend the order to impose more onerous requirements;

2. Revoke the order and pass no new sentence;

3. Revoke the order and re-sentence in any way that it could have resentence the original offence;

4. Impose a sentence of imprisonment of 6 months , but ONLY where D is over 18 + initial offences was NOT punishable with imprisonment + D has wilfully and persistently failed to comply.

[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.

If fines, 5,000 per offence of max of 25,000 for five offences.

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!

If fine in Mags, MAY impose sentence in default in certain circumstances.

If fine in CC, MUST impose sentence in default.

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 and extending the operational and supervision periods) if it feels it would be unjust to activate the sentence.

There must be:

A significant risk of D committing further specified offences (whether serious or not) AND a significant risk to members of the public of serious harm being caused by these offences

The court MUST impose life sentence where:

1. D is a dangerous offender; and

2. D’s crime was a serious offence (punishable with life imprisonment or at least 10 years); and

3. D is over 18; and

4. Max penalty for his offence is life imprisonment and

5. The offence is so serious that a life sentence would be justified.

Listed offences (does not have to be dangerous offender)

The court MUST impose a life sentence (two strikes rule) where:

1. D is convicted of an offence in schedule 15B CJA 2003 (list of serious sexual and violent offences); and

2. Court would otherwise impose a custodial sentence of 10 years or more; and

3. D had previously been convicted of a schedule 15B offence; and

4. For that offence D was sentenced to a custodial sentence of at least 10 years, or a life sentence with a tariff of at least 5 years.

NB: Life sentence rule does not apply when it would be UNJUST given any circumstances which relate to present, or previous offence, or D.

Extended sentences (custodial term + extension period):

Max: 5 years for specified violence offence / 8 years for specified sexual offence.

The court MAY impose an extended sentence where:

• D is convicted of specified offence; and

• Court assesses D as a dangerous offender; and

• The court is not obliged to impose a life sentence under “two strikes rule”

• And either D had previously been convicted of a schedule 15B offence; or The current offence justifies a custodial term of at least 4 years

Where D receives Ext.S, he will be eligible for release after he has served 2/3 of his term.

When D sentence to an Ext.S for 10 years or more, or convicted of a schedule 15B offence, then he will not be automatically for release after 2/3, but will be referred to Parole Board who will decide if D is still a danger to the public.

• 3 lay magistrates;

• Required to be a mixed gender bench (unless unforeseen circumstances and mags’ don’t feel it expedient to adjourn proceedings to see if a mixed bench can be formed).