Please enable JavaScript.
Coggle requires JavaScript to display documents.
Factors of Sentencing (Aggravating factors in sentencing (Act gives lots…
Factors of Sentencing
Aggravating factors in sentencing
CJA 2003 'seriousness of the offence' must be considered in hearing
Bearing in mind the offenders 'culpability' (accountability) and any harm which offence caused
Act gives lots of other factors too
Previous convictions in similar nature or relevant to present offence
Fact that D was bail when he committed offence
Racial or religious hostility in offence e.g. hate crimes
Hostility to disability or sexual orientation being involved in offence
CJA 2003 - other factors which are aggravating for specific offences
e.g. assault
Offender being part of a group attacking the victim
An especially vulnerable victim - young child or elderly victim
Victim serving public e.g. nurse of police officer
Premeditated
Also
where there is an aggrivating factor - the court will pass a more severe sentence than it would nromally
magistrates and judges all have a copy of the guidelines issued by Sentencing Council
Give starting point for offence depending of factors - especially where Magistrates should be thinking of custodial or community service sentencing
Guidelines also give sentencing range