#16101 - Sentencing Principles - BPC Criminal Litigation (formerly BPTC) 2024/2025

Sentencing Principles

• NB, after someone has been convicted or pleaded guilty they are called an ‘offender’, rather than an accused or defendant.

When will D be sentenced?

• A D charged with a single offence:

  • Will either be sentenced immediately after (1) they plead guilty OR (2) a guilty verdict is returned (by magistrates or jury).

  • OR, the court can adjourn sentencing for any of the following reasons:

    1. The court has insufficient time to deal with sentence immediately;

    2. The court requires further information in order to sentence D;

    3. The court orders that a PSR be prepared by the Probation Service;

    4. One or both of the parties wishes to place further information before the court prior to sentence, and the court consents to an adjournment.

  • Starting point court expects parties to be able to deal with sentence immediately following a guilty plea or guilty verdict: an application to adjourn or for PST will not be automatically granted, is at discretion of court.

  • With PSRs in particular, court will want a justification as to why time and resources should be used to prepare a PSR.

  • Court expects counsel to be able to deal with any matters upon which they can properly take instructions, such as the D’s personal background.

  • Reports are thus usually constrained to circumstances in which the court needs specific information from the Probation Service such as the suitability for a particular form of sentence that involves their services, or the assessment of dangerousness.

• Magistrates court, adjournments prior to sentence s10 MCA

  • S10 MCA: m’ court may adjourn after conviction before sentencing; for purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case.

  • If an M’ Court decides to adjourn sentence statute binds how long the adjournment can be. Maximum adjournment before sentence:

    1. If D is on bail max 4 WEEKS at a time.

    2. If D is remanded in custody max 3 WEEKS at a time.

  • HOWEVER: nothing to prevent the court from adjourning sentence more than once; and post-conviction, there is no issue re custody time limits.

  • [CF: ‘defer’ sentence below, for up to 6 months, if offender consents, to allow court to have regard to D’s conduct after conviction and any change in his circumstances.

  • A common reason for adjourning –> to prepare a PSR, especially if court considering a custodial sentence or community order.

  • Where an offender is granted bail for a post-conviction adjournment: court may impose a condition that he make himself available for purpose of enabling inquiries or a report to be made, to assist the court in sentencing; PROVIDED that it appears necessary for those purposes.

• A D charged with multiple offences

  • If a D is charged with multiple offences & pleads guilty to some but not all and there is to be trial on the remainder court must decide whether to immediately sentence on the matters pleaded guilty to; or adjourn these matters until conclusion of the trial of the other matters.

  • Usually, sentence is adjourned until conclusion of the trial, so that the court can consider all the pleas & verdicts together. However, is at discretion of court.

• Multiple Defendants:

  • Where the pleas are mixed and there needs to be a trial, court will likely wait until conclusion of it to sentence any Ds who have pleaded guilty or been found guilty.

Where will D be sentenced?

• D pleads guilty to a summary only offence in M’ court can only be sentenced in m’ court.

• D pleads not guilty to a summary only offence in m’ court; has a trial in m’ court; found guilty can only be sentenced in m’ court.

• D pleads guilty to an either-way offence in m’ court: sentenced in m’ court but can be committed for sentence to Crown Court.

• D pleads not guilty to an either-way offence in m’ court; is tried in m’ court; found guilty sentenced in m’ court but can be committed for sentence to Crown Court.

• D pleads not guilty to either-way offence in m’ court; case sent for trial in Crown Court (m’ court declines jurisdiction or D elects crown court) D must be sentenced in Crown Court (cannot be sent back to m’ court for sentence).

• D charged with indicatable only offence, sent to Crown Court, pleads guilty at PTPH Crown court: D must be sentenced by Crown Court.

• D charged with indictable only offence, sent to Crown Court; plead not guilty; found guilty D must be sentenced in Crown Court.

• SOOO:

  • summary only offences always sentenced in m’ court;

  • indictable only offences always sentenced in Crown Court;

  • for either-way:

    • sentence will be in Crown Court if they have trial in Crown Court

    • If they plead not guilty in m’ court, and are sent to Crown Court (and then tried in Crown Court, or subsequently pleads guilty in Crown Court) sentenced in Crown court (once has gone to Crown court, cannot be sent back to m’ court for sentence).

    • If they plead guilty, or found guilty after trial, in m’ court sentencing in m’ court OR committal for sentence.

Committal for sentence

• For either-way offences, where D pleads guilty in m’ court or is tried in m’ court and found guilty can be sentenced in m’ court or committed for sentence

• Committal if: (1) If magistrates decide sentencing powers insufficient, or (2) the either-way matter is linked to another charge, or (3) there is another reason for sending D to Crown Court.

• So note the sentencing restrictions in m’ court: 6 months imprisonment; 12 months if aggregate for 2+ either-way offense.

• S4 is when you send an offence for sentencing along with another offence being sent for TRIAL; CF s6 when you send an on offence for sentence along with another offence being commited for sentence

Examples:

• eg, s3: D pleads guilty or found guilty of an either-way offence in magistrates’ court: Court must decide whether its sentencing powers are sufficient; if not, they can use s3 PCCSA 2000 to commit D to Crown Court for sentence.

• Eg, s4: mix of pleas; D pleads guilty to one or more either-way offences in m’ court, but is also charged with other related offence(s) which are being sent to the Crown court for trial:

  • If m’ court decides its sentencing powers for the either-way offences to which D has pleaded guilty are sufficient can sentence D on those matters immediately.

  • IF they decide sentencing powers are insufficient OR that it is best that D is sentenced for all matters together once a verdict has been reached on the matters to which he has pleaded not guilty they can use s4 PCCSA to commit D for sentence.

  • If they commit for sentence under s4 Crown Court maximum if either:

    • (i) m’ court indicated they would have committed under s3 anyway (i.e. that their sentencing powers for that offence were insufficient); or

    • (ii) D is convicted of the related offence for which he is tried in Crown Court.

  • If neither apply, i.e. D is acquitted of the indictable offence tried in Crown Court sentencing power is the magistrates’ court maximum.

• Eg, s6 (‘secondary committal’)

  • (1) For another, less serious either-way offence: D pleads guilty or is found guilty of multiple either-way offences in m’ court, some are within sentencing powers, some are not use of s6 (along with s3):

    • M’ court must decide if their sentencing powers re each offence are sufficient. If not, can use s3 to commit D for sentence on all matters.

    • However, if some offences are beyond their sentencing powers, but some fall within: can use s3 to commit the offences where their sentencing power are insufficient (and Crown Court maximum sentencing applies to those offences).

    • Then, with the remaining offences (those that they think are within their sentencing powers) m’ court...