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• The seriousness of the offence is assessed by considering the culpability of the offender and the harm caused by the offending. • The initial assessment of harm and culpability should take no account of plea
- Step 1 Reaching A Provisional Sentence
- Step 2 Aggravating and Mitigating Factors
- Step 4 Reduction For Guilty Pleas
- Step 5 Dangerousness
- Step 6 – Special Custodial Sentence For Certain Offenders of Particular Concern
- Step 7 Totality Principle
- Step 8 Compensation and Ancillary Orders
- Step 9 Reasons
- Step 10 Consideration For Time Spent on Bail
a) Where there is no definitive sentencing guideline for the offence, to arrive at a provisional sentence the court should take account of all of the following (if they apply): 1. the statutory maximum sentence (and if appropriate minimum sentence) for the offence; 2. sentencing judgments of the Court of Appeal (Criminal Division) for the offence; ...
Once a provisional sentence is arrived at the court should take into account factors that may make the offence more serious and factors which may reduce seriousness or reflect personal mitigation. 1. Identify whether a combination of these or other relevant factors should result in any upward or downward adjustment from the sentence arrived at so f...
The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Pleaguideline.
Where the offence is listed in Schedule 15, Schedule 18 and/or Schedule 19 of the Sentencing Code the court should consider: 1) whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279) and 2) whether having regard to sections 273 and ...
Where the offence is listed in Schedule 13 of the Sentencing Code and the court does not impose a sentence of imprisonment for life or an extended sentence, but does impose a period of imprisonment, the term of the sentence must be equal to the aggregate of the appropriate custodial term and a further period of 1 year for which the offender is to b...
If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Offences Taken into Consideration and Totalityguidelines.
In all cases the court should consider whether to make compensation and/or other ancillary orders. Where the offence involves a firearm, an imitation firearm or an offensive weapon the court may consider the criteria in section 19 of the Serious Crime Act 2007 for the imposition of a Serious Crime Prevention Order. 1. Ancillary orders – Magistrates...
Section 52 of the Sentencing Codeimposes a duty to give reasons for, and explain the effect of, the sentence.
The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code.
Section 143 (1) of the Criminal Justice Act 2003 Act provides: In considering the seriousness of any offence, the court must consider the offender's culpability in committing the offence and any harm which the offence caused, was intended to cause or might foreseeably have caused.
May 19, 2023 · In all three readings, seriousness is a subjective requirement. In the first and third interpretations, the subject is the applicant, which is as it should be from the perspective of the integrity view.
In considering the seriousness of an offence committed while the offender was on bail, the court must—. (a)treat the fact that it was committed in those circumstances as an aggravating factor,...
1 A court is required to pass a sentence that is commensurate with the seriousness of the offence. The seriousness of an offence is determined by two main parameters; the culpability of the offender and the harm caused or risked being caused by the offence.
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Dec 16, 2004 · Definitive sentencing guideline for use in courts in England and Wales on seriousness. When determining the appropriate sentence the sentencer must consider the seriousness of the offence. This pdf should be used for reference only.
