Under s.57 SA 2020- In cases involving those aged 18 and over (at the date of conviction) the court must have regard to:
(a)the punishment of offenders,
(b)the reduction of crime (including its reduction by deterrence),
(c)the reform and rehabilitation of offenders,
(d)the protection of the public, and
(e)the making of reparation by offenders to persons affected by their offences.
In an either way offence, why would the magistrates send D to the Crown court for sentencing?
s.224 SA 2020: A magistrates’ court does not have power to impose imprisonment …for more than 12 months in respect of an offence triable either way.
If a defendant proposes a basis of plea and the court considers the Defendant’s basis of plea and decides that the basis of plea is absurd. What happens next?
The court proceeds to sentence the defendant on the prosecution version on the facts.
D pleads not guilty to an either-way offence in the magistrates’ court and the matter stays in the magistrates’ court for trial. At trial the defendant is found guilty. Can the defendant be sentenced in the Crown Court?
Yes, if the magistrates’ commit the defendant for sentence .
Upon sentencing what are the five purposes courts must have regard to?
P-R-R-P-R →
1. Punishment
2. Reduction,
3. Reform,
4. Protect,
5. Repair
Basis of plea & Newton hearings
If D pleads guilty on a written basis that differs materially from prosecution facts:
If prosecution rejects: judge screens the basis:
If absurd → sentence on prosecution version.
If not absurd → does it materially affect sentence?
If no → sentence on defence basis.
If yes → hold a Newton hearing.
If prosecution accepts the basis: court still checks if content to proceed on it; if not, hold Newton hearing.
What is a Newton hearing
Newton hearing (no jury in Crown; mags/DJ in mags’): mini-trial of facts. Prosecution opens, calls evidence; defence may cross-examine and call evidence.
Standard = BRD on prosecution’s version.
If prosecution proves its version → sentence on prosecution facts and reduce guilty-plea credit (normally halve the stage-appropriate reduction; can be cut further if witnesses called).
What is a deferral of sentence
Court may defer up to 6 months to allow D to demonstrate change/one-off conduct; may lead to a more lenient disposal. Limited extension route if mags later commit to Crown, which then may defer again for up to 6 months
What’s the general mags’ custody limit for an either-way offence (power of the court)?
12 months’ imprisonment (SA 2020 s.224). Serious cases can be committed for sentence under s.14 SA 2020.
When are concurrent vs consecutive sentences appropriate under totality?
Concurrent for offences from the same facts; consecutive for different facts—ensure overall sentence is just and proportionate
What may a magistrates’ court indicate on an indication request?
Only custodial vs non-custodial; binding only if D then pleads guilty.
What are the preconditions for a Crown Court Goodyear indication?
D must accept prosecution facts or there’s an agreed written basis, and D gives clear instructions; giving an indication is discretionary.
What is s.30 SA 2020 in relation to pre-sentence reports
a court must obtain a pre-sentence report before passing a custodial or community sentence, unless it considers it unnecessary to do so.
What is the maximum reduction for a guilty plea entered in respect of an either way offence at the plea and trial preparation hearing?
Maximum 1/4
A defendant is to be sentenced for an offence of fraud. In this situation a previous conviction for fraud would…
Be a statutory aggravating factor.
Previous convictions are not considered when considering culpability in relation to the offence, they are an aggravating factor.
What is the custody threshold? s.230 SA 2020
The court must not pass a custodial sentence unless the offence was so serious that neither a fine nor a community sentence can be justified.
What is the community order threshold? s.204 SA
(2)The court must not make a community order unless it is of the opinion that—
(a)the offence, or
(b)the combination of the offence and one or more offences associated with it, was serious enough to warrant the making of such an order.
What are the FOUR steps in determining sentence
- Determine which category of the sentencing guidelines applies
- Adjust the starting point up or down according to aggravating/ mitigating factors
- Reduce sentence to credit any guilty plea
- If multiple offences, ensure the final, overall sentence is just and proportionate
What are non-custodial sentences
- Bind over
- Absolute discharge
- Conditional discharge
- Fines
- Community order
What is a bind over?
(imposed in the magistrates/Crown Court.)
- A person can be bound over by a court to ‘keep the peace’ for a sum of money that they forfeit if they fail to do so.
- imposed on someone instead of them entering a guilty plea or being tried for an offence.
- It can even be imposed following an acquittal or on a witness in a case.
What is an absolute discharge (S 79 SA2020)
(lowest form of sentence available to the magistrates’/ Crown Court)
imposed to reflect either the triviality of an offence, the circumstances in which an offender came to be prosecuted or special factors relating to the offender.
no punishment at all since there is nothing that the defendant must do or not do to comply with it.
What is a conditional discharge? (S 80 SA 2020)
(no actual punishment) but with a condition attached
(imposed by the magistrates’/ Crown Court)
CONDITION: if D commits another offence during the period specified, they can be re-sentenced for the OLD offence AND sentenced for the NEW offence.
- specified period must be no more than three years.
What is a fine?
(imposed by the magistrates’/ Crown Court)
pay a certain sum of money to the court on conviction due immediately or in instalments w/ approval
Crown Court - any amount; no upper limit
Mag court - Level 1 (£200) to Level 5 (unlimited).
Can a court make a community order for an offence that is not punishable with imprisonment or against a minor?
NO, offender must be over 18 and the offence must be punishable with imprisonment
