Highbury magistrates presentation

Sentencing Local Crime Highbury Corner Magistrates’ Court Camden and Islington

Law & Order - Who’s who?
Parliament create and change laws
Police enforce laws and arrest
CPS charge and criminal prosecutions
Magistrates decide guilt and impose sentence
Prison/Probation apply the sentence

What’s the purpose of sentencing?
Punishment
Reduction in crime / deterrence
Reform and rehabilitation
Protection of the public
Reparation

Types of sentence Community order
Conditional discharge
Fine Prison/curfew order

Sentencing - Seriousness Discharge conditional Fine £5,000 Community Order unpaid work supervision drug rehabilitation etc programme exclusion curfew Prison Crown Court Immediate Suspended C o m p e n s a t i o n

How is a sentencing decision made? 2. Assess Seriousness of offence 3. Consider the offender 1. Guidelines 4. Decide your sentence

1. Guidelines Magistrates’ Court Sentencing Guidelines Starting Points Ranges Court of Appeal Decisions Similar cases

2. Assessing Seriousness
A. Culpability
Intention?
Recklessness?
E.g. Assault
Higher Lower
Weapon Provocation
Planning Single push, blow
Head-butting, kicking
Hostility to victim
Group attack

B. Harm (or Risk of Harm)
To individuals?
To the community?
E.g. Assault
Aggravating
Injury
Vulnerable victim / public service
Child present
Previous violence
Alcohol
2. Assessing Seriousness cont

3. The offender
Previous record
Lack of remorse
Lack of response to previous court orders
Age
Genuine Remorse
Co-operation with Police
More Serious Less Serious

Reduced sentence for a guilty plea 1/3 first opportunity 1/4 trial date set 1/10 day of trial

You be the magistrate

Sentencing 2. Seriousness - actual offence 3. Consider the offender 1. Guideline - type of offence 4. Decide your sentence

1. Type of offence
Theft: Shoplifting £50 supermarket groceries
Guidelines?
Discharge Fine Prison Community Order

Offender
Do you treat them all
the same?

2. Seriousness of actual offence
Teenager ran off & hid items
Single mum child’s buggy to conceal
45’ish female paid for some shopping
70 year old man aggressive to staff
Discharge Fine Prison Community Order

3. Offender information – Probation Report
Teenager student & charity work
Single mum suffering alcohol addiction
45’ish female on suspended prison sentence for credit fraud
70 year old man suffering from Alzheimer’s

4. Possible sentence?
Teenager Fine?
Single mum CO-Alcohol Programme?
45’ish female Prison – activate suspended
70 year old man Absolute discharge?

MAGISTRATES IN THE COMMUNITY
INCREASE OUR AWARENESS OF LOCAL CONCERNS
INCREASE PUBLIC CONFIDENCE IN CJS
ENCOURAGE APPLICATIONS TO BECOME MAGISTRATES.

Contact us
[email_address]
www.magistrates.gov.uk

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Highbury magistrates presentation

by william perrin

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