KSL ATP Criminal Litigation study materials
KSL ATP Criminal Litigation study resources

KSL ATP Criminal Litigation: Sentencing Principles, Powers and Ancillary Orders

KSL ATP Criminal Litigation · Work through your exam, one topic at a time.

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Sentencing Principles, Powers and Ancillary Orders

Principles

CJA 2003 s.143 requires seriousness to reflect culpability and harm. s.142 lists the purposes of sentencing: punishment, crime reduction, reform and rehabilitation, protection, and reparation. Guidelines are authoritative. Aggravating factors include previous convictions, vulnerable victims, hate motives, weapons, and group action; mitigating factors include remorse, youth, mental disorder, and lesser role. Totality prevents a crushing aggregate sentence.

Credit and orders

Guilty plea credit is one-third at the first opportunity, one-quarter after the trial date is set, and one-tenth at the door of the court. Ancillary orders include compensation, victim surcharge, costs, restraining orders, sexual harm prevention orders, and disqualification. Confiscation is separate.

Traps

Credit is not automatic if the plea is delayed; totality is often ignored; consecutive sentences must be justified. 'Dangerousness' can trigger extended determinate or life sentences for specified offences.

Worked example

Two burglaries: impose concurrent or partly consecutive sentences and then apply totality, ensuring the total reflects overall criminality rather than double counting.