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Sentencing - In Practice (Factors surrounding the offence (:black_flag: s…
Sentencing - In Practice
In the Courts
what factors are considered
the seriousness of the offence
aggravating factors
mitigating factors
what they hope to achieve from sentencing
Factors surrounding the offence
must consider how serious, of its type, was the offence
:black_flag: s.143(1) Criminal Justice Act 2003
"in considering the seriousness of the offence, the court must consider the offenders culpability in committing the offence, and any harm which the offence caused, or was intended to cause, or might reasonably foreseeably have caused"
Powers of the Courts
there are four main categories of sentence:
custodial sentences
community sentences
fines
discharges
also have the power to make additional orders:
compensation orders
disqualification from driving