Who passes the sentence?
Have you ever wondered who has the final say on what sentence you will receive for your crime? Well the answer depends on the nature of the crime itself.
The severity or nature of your crime determines where your case will be heard, and where your case is heard will determine who has the ultimate responsibility for imposing your sentence.
On conviction in the Crown court, it is the trial judge, without the help of the jury, who will decide what sentence to pass.
If your case is heard in Magistrates court, the Magistrate can themselves decide upon your sentence or, under section 3 of the Powers of Criminal Courts (sentencing)Act 2000, the defendant can be taken to the Crown Court for them to pass sentencing on the defendant.
The reason for Magistrates court passing the case to the Crown court for sentencing is due to the sentencing powers of the courts. The Magistrates court, under the Criminal Justice Act 2003, can impose a maximum sentence of 12months in relation to summary offences.
Certain legislations have created fixed sentences for specific crimes. Since 1997, certain crimes carry fixed sentences as a general rule.
Certain sentences will have a mandatory sentence when committed for the first time. For example, if a defendant commits murder, the mandatory sentence attached to such a crime is life imprisonment.
Under section 287 of the Criminal Justice Act 2003, there are now minimum sentences that have to be passed in relation to firearm offences. This was introduced to tackle the ever growing problem we face with gun crime.
Categories of sentences
There are four categories of sentences;
- Custodial sentences
- Community sentences
- Miscellaneous offences
The Powers of Criminal Courts (sentencing) Act 2000 defines what the courts mean by a custodial sentence.
For a person over the age of 18 years old, a custodial sentence is either a sentence served imprison or a suspended sentence.
For a person under the age of 18 years old, the Act refers to a custodial sentence as either a tem in a young offender’s institution or custody for life.
A custodial sentence should only be passed if it reflects the severity of the crime. If a custodial sentence is justified, the courts are under an obligation to impose the shortest possible sentence to reflect the severity of the crime.
When imposing a custodial sentence the courts should take into consideration the defendants previous criminal convictions, whether bail has been previously granted and whether any conditions imposed on the defendant were breached.
For more information on:
- Community sentences
- Dangerous offenders
- The Tariff System
- Initial Tariff sentence
- Secondary tariff application