Sentencing

CRP.08 Sentencing (Criminal Practice, FLK2)

The framework

Sentencing is governed by the Sentencing Act 2020 (the Sentencing Code), which consolidated the law. The court must follow the relevant Sentencing Council definitive guideline unless contrary to the interests of justice (s.59–60). The five statutory purposes (s.57): punishment, reduction of crime (incl. deterrence), reform/rehabilitation, public protection, reparation.

Method (guideline approach)

1. Determine the offence category by assessing culpability and harm.
2. Take the category starting point, then adjust within the range for aggravating and mitigating factors.
3. Apply other reductions (assistance, totality), then the guilty-plea reduction.

Guilty-plea reduction (s.73 + guideline)

• Up to one-third if entered at the first stage (first hearing).
• One-quarter after the first stage.
• One-tenth as the maximum on the first day of trial, reducing further (towards nil) once the trial has begun.
• Reduction applies even where mandatory/minimum sentences engage (subject to statutory floors).

Types of sentence (ladder of seriousness)

• Custody is a last resort: only if the offence is "so serious" that neither fine nor community order is justified (s.230). Custodial threshold.
• Suspended sentence available for sentences of 14 days to 2 years (Crown Court); suspended for 6 months–2 years.
• Community order: must pass the community threshold (s.204) — offence "serious enough."
• Fines: based on seriousness and means; magistrates' fines are unlimited for many offences.
• Discharges: absolute or conditional (up to 3 years).

Ancillary orders

Compensation (court must consider, s.55, and give reasons if not ordered), victim surcharge, costs, disqualification, confiscation (POCA 2002).

Mandatory/minimum sentences

• Murder: life with a minimum term (Sch 21).
• Third-strike domestic burglary: min 3 years; third Class A trafficking: min 7 years; minimum knife possession (second offence): 6 months.

Newton hearings

Where a defendant pleads guilty but disputes the prosecution's factual basis and the difference is material to sentence, the judge holds a Newton hearing to resolve facts (prosecution proves to the criminal standard). Full plea credit can be lost if the defendant's account is rejected.

Common traps

• Plea credit is by stage, not lateness in days — first hearing = one-third.
• Totality: consecutive sentences must reflect overall offending; don't just add up.
• Custody is genuinely a last resort — apply the threshold, then ask whether it can be suspended.
• Compensation must be considered in every case; reasons required if refused.