If you either plead guilty or are found guilty after trial, the next stage of the process is sentence. The word ‘sentence’ can illicit fear but we have put together this guide to explain the process that the court will follow to give you a better understanding.
Different offences have different classifications, meaning some offences can only be dealt with in the magistrates’ court (summary only), others can only be dealt with in the crown court (indictable only), and others can be dealt with at either venue (either way offences). This article will cover summary only and either way offences.
Summary only offences will always remain in the magistrates’ court for sentence.
Either way offences can remain in the magistrates’ court for sentence. However, if the Court is of the view that their sentencing powers are not sufficient, they can commit the case to the crown court for sentence to take place there. The court may request a pre-sentence report is obtained from Probation before making a decision on whether their sentencing powers are high enough.
In terms of their maximum sentencing powers, the Magistrates can impose a sentence of up to 6 months' imprisonment, or 12 months in total for more than one offence. However the imposition of a maximum sentence is a rare occasion, though is part of the consideration for the court in deciding whether to commit the case to the crown court for sentence to take place there.
Order of Events at a Sentence Hearing
At the sentencing hearing itself, the following format is generally adhered to:
The court will be told what the offence is, whether the defendant was found guilty after trial or pleaded guilty and if the latter, whether this was on a basis of plea.
The prosecution will outline the facts of the case, highlighting things that make it more or less serious, including the impact on any victims, and details of any relevant previous convictions. This will also address the court on where they think the case fits in the sentencing guidelines, if they are applicable in the particular case.
The defence will then have an opportunity to put forward mitigation in terms of the offence to be sentenced and the defendant themselves as well as addressing the court on the category in the sentencing guidelines they suggest the case falls into. See below for further details of mitigation.
If a pre-sentence report has been obtained from Probation, the written report will be made available or Probation can address the court directly.
If the court are dealing with an either way offence, they can commit the case to the crown court or retain for sentencing.
The court will consider all matters put before them and then pass sentence, following any mandatory sentencing rules and any relevant sentencing guidelines.
Mitigation
The opportunity for the defence to address the court is crucial and it is always essential you are prepared before attending court. Speak to your lawyer before you go to court so you can discuss what you need to do to prepare. The important factors that will generally be addressed in mitigation will be as follows:
Credit: if the defendant has pleaded guilty, they will be entitled to a reduction on the sentence they would have been given had they been found guilty after trial. The amount of reduction will depend how early the guilty plea was entered, subject to a maximum of 33% if entered at the first hearing. This then reduces the closer the case gets to trial.
Explanation for the offence: the court will be addressed on the offence itself, the role of the defendant in the offence, the circumstances in which it was committed and any other relevant factors.
Aggravating and Mitigating Factors: any features of the offence that make things more serious will often be addressed as will any factors that reduce the seriousness. Aggravating features include the defendant having relevant previous convictions, the offence committed whilst on bail, commission of the offence whilst under the influence of alcohol or drugs. Mitigating features include no previous convictions, remorse, positive good character.
Sentencing Guidelines: guidelines now exist for most, but not all, offences. They can be found here . The court will need to consider these and will be taken to the relevant guidelines by both the prosecution and defence and each will suggest which category the offence falls into, taking into account culpability and harm. It is important to note that the numbers set out in the guidelines apply to those with no previous convictions who have been found guilty after trial. This means that there will need to be movement up for any relevant convictions and down for credit for pleading guilty, if either apply.
Pre-Sentence Report: in certain cases, the court will ask for the assistance of Probation who will carry out an assessment on the defendant and produce a report for the court to address risk factors and sentence suitability as well as any other relevant factors the court should consider before sentencing. Depending on the availability of Probation, if a report is ordered, sentence can be moved back 3-4 weeks whilst Probation carry out their assessment. The assessment is made up of them considering any relevant evidence, a basis of plea and a meeting with the defendant amongst other relevant information.
Personal Circumstances: the personal circumstances of the defendant is arguably the most important factor for the court to consider. Including the defendant’s age and details of their home life, previous convictions, employment and financial circumstances, their life history to explain how and why they committed the offence.
Character References: whether or not someone has previous convictions, character evidence can be very powerful and relevant for the court to consider. This evidence can be advanced through written references provided to the court from friends and family, work and professional letters and certificates.
Potential Sentences
Sentences vary widely for different offences and each case is taken on its own facts with reference to all of the above. Sentences include:
Absolute discharge
Conditional discharge
Financial penalties
Community Order
Suspended Sentence
Imprisonment
But also be aware of ancillary aspects of the sentencing process, which include, but are not limited to:
Penalty points on driving licence
Disqualification from driving
Criminal Behaviour Order
Forfeiture and destruction of items seized
Exclusion Orders
Football Banning Orders
Restraining Orders
Sexual Harm Prevention Orders
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.