21. Sentencing Procedure and the General Principles of Sentencing

2021 ◽  
pp. 397-415
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Sentencing Guidelines ◽  
England And Wales ◽  
Victim Impact Statements

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); the importance of the pre—sentence report, personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

21. Sentencing Procedure and the General Principles of Sentencing

2019 ◽  
pp. 391-408
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Sentencing Guidelines ◽  
England And Wales ◽  
Victim Impact Statements

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); the importance of the pre—sentence report, personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

21. Sentencing Procedure and the General Principles of Sentencing

2020 ◽  
pp. 395-412
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Sentencing Guidelines ◽  
England And Wales ◽  
Victim Impact Statements

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); the importance of the pre—sentence report, personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

21. Sentencing Procedure and the General Principles of Sentencing

2017 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Sentencing Guidelines ◽  
England And Wales ◽  
Victim Impact Statements

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

21. Sentencing Procedure and the General Principles of Sentencing

2016 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Sentencing Guidelines ◽  
England And Wales ◽  
Victim Impact Statements

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

21. Sentencing Procedure and the General Principles of Sentencing

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Sentencing Guidelines ◽  
England And Wales ◽  
Victim Impact Statements

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); the importance of the pre—sentence report, personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.

Victim Lawyers, Victim Advocates, and the Adversarial Criminal Trial

2013 ◽  
Vol 16 (4) ◽  
pp. 568-594 ◽  
Author(s):  
Tyrone Kirchengast
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Comparative Assessment ◽  
The State ◽  
England And Wales ◽  
Therapeutic Experience ◽  
Victim Impact Statements

Adversarial proceedings in common law jurisdictions tend to exclude the victim of crime. Although victim impact statements provide some role for victims following conviction but before sentencing, such statements may not influence the actual sentencing outcome, despite allowing for a therapeutic experience that may encourage the restoration of the victim. The introduction of victim lawyers across certain common law jurisdictions, including England and Wales, the United States and Australia, allows victims to retain private counsel to represent their interests alongside those of the state, from pretrial hearings and potentially through to appeal. By comparison, various civil law jurisdictions following an adversarial trial process, including Sweden, have long allowed such representation. This article provides a comparative assessment of the rise of victim lawyers in common law jurisdictions, arguing that access to private counsel is an important development in criminal justice that allows for the expression of the agency of the victim as a significant stakeholder in adversarial systems of justice.

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