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Criminal Litigation

Criminal Litigation (17th edn)

Lisa Mountford and Martin Hannibal
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date: 04 October 2022

p. 39721. Sentencing Procedure and the General Principles of Sentencinglocked

p. 39721. Sentencing Procedure and the General Principles of Sentencinglocked

  • Martin Hannibal
  •  and Lisa Mountford

Abstract

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.

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