Sentencing After a Guilty Verdict

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A sentence is a decree of a punishment assigned to a defendant who was found guilty by a court, or fixed by law for a particular offence.

If is a defendant found guilty, the type and amount of the sentence will depend on a number of factors, which every judge or magistrate must consider. Between these factors belong the six main aims of sentencing (retribution, denunciation, incapacitation or protection of the public, deterrence, rehabilitation and reparation), the age of the defendant (as there are available different types of sentences for young offenders), previous convictions (if the defendant has committed a crime before), the seriousness and nature of the crime committed (what has the defendant done and how serious the crime was), also the medical report would be important where doctors indicate mental health or possible addictions of the offender. The probation service can produce a pre-sentence report, which contains suitability of the offender for community order. Additionally, the court will consider aggravating factors which could increase the sentence such as a weapon used in the crime, hate crime, child rape, if the defendant was on the bail at the time the crime was committed etc. There are also mitigating factors which must be considered by the court and these could decrease the sentence up to 1/3. These could take a place when the defendant plead guilty, showed the remorse or had a good reason why the crime was committed. Also important for the court is to know the maximum sentence which can be given to the offender for the crime committed.

When the court considered all the factors, can now set the type and amount of the sentence. In the English Legal System are many different types of sentence...

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...can give an absolute (unconditional) discharge which means the offender is technically guilty but morally blameless so the court can decide that the experience of going to court is punishment enough, but the offender still gets a criminal record. A conditional discharge can be given when the offender commits very minor offence for the first time and it can be up to three years. But if the offender commits another crime, then can be sentenced for the first and also for the new offence.

There are many types of sentences that would also support different aims of sentencing. Some of the sentences can achieve more than one aim so there are different ways how sentences can support the different aims. But it will depend on the government and their policies. The Criminal Justice Act 2003 pointed out denunciation and rehabilitation as the best aims of sentencing.

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