Criminal Litigation Flashcards

Under section 57 of the Sentencing Act 2020, which of the following is NOT one of the five statutory purposes of sentencing that a court must have regard to?

Answer: The financial compensation of the state for the costs of prosecution

Section 57 of the Sentencing Act 2020 lists five purposes: punishment, reduction of crime (including deterrence), reform and rehabilitation, protection of the public, and making reparation — financial compensation of the state is not among them.

What is a Newton hearing in the context of criminal sentencing?

Answer: A fact-finding hearing where the judge resolves a disputed factual basis for sentence following a guilty plea

A Newton hearing, derived from R v Newton (1982), is held where the defendant pleads guilty but disputes the factual basis asserted by the prosecution; the judge hears evidence and determines the facts to inform the appropriate sentence.

According to the Sentencing Council's guideline on Reduction in Sentence for a Guilty Plea, what is the maximum reduction available where a guilty plea is entered at the first stage of proceedings?

Answer: One third (approximately 33%)

The Sentencing Council's Reduction in Sentence for a Guilty Plea guideline provides that a guilty plea indicated at the first stage of proceedings attracts the maximum reduction of one third.

Under sections 266 and 279 of the Sentencing Act 2020, when may a court impose an extended determinate sentence on an adult offender?

Answer: Where the offender is assessed as dangerous and has been convicted of a specified offence, and either the custodial term is at least four years or there is a relevant previous conviction

Sections 266 and 279 of the Sentencing Act 2020 require the court to find the offender dangerous (significant risk of serious harm from specified offences) and either the notional determinate term is at least four years or the offender has a relevant previous conviction.

Under section 108 of the Magistrates' Courts Act 1980, how does a defendant appeal against conviction in the magistrates' court?

Answer: By appeal to the Crown Court, where the matter is reheard de novo before a judge and magistrates

Section 108 of the Magistrates' Courts Act 1980 gives a defendant the right to appeal to the Crown Court against conviction or sentence, where the Crown Court rehears the case entirely afresh before a circuit judge and at least two lay magistrates.

Under section 36 of the Criminal Justice Act 1988, what is an Attorney General's Reference in the context of criminal sentencing?

Answer: A reference by the Attorney General to the Court of Appeal where a sentence passed in the Crown Court is considered unduly lenient, potentially resulting in an increased sentence

Section 36 of the CJA 1988 allows the Attorney General to refer an unduly lenient sentence passed in the Crown Court to the Court of Appeal, which has power to quash the original sentence and substitute a higher one.

Under section 18 of the Criminal Appeal Act 1968 and Rule 39.2 of the Criminal Procedure Rules, within what period must a defendant normally give notice of appeal or apply for leave to appeal against conviction in the Crown Court?

Answer: 28 days of the date of conviction or sentence

Section 18 of the Criminal Appeal Act 1968 and the Criminal Procedure Rules require notice of appeal or application for leave to appeal to be given within 28 days of the conviction or sentence appealed against.