Sentencing
Criminal Practice > Sentencing
What Is Sentencing?
Candidates commonly confuse the purposes of sentencing with the factors that aggravate or mitigate culpability — a critical distinction that SQE1 questions test consistently. Sentencing follows the trial stage, and sentences can be challenged through appeals.
The Magistrates' Court has limited sentencing powers (generally up to 12 months' custody for a single either-way offence following the Sentencing Act 2020 provisions, and up to an aggregate of 12 months for two or more either-way offences). The Crown Court has unlimited sentencing powers for indictable offences.
Key Principles for SQE1
Purposes of Sentencing
Under the Sentencing Act 2020, s.57, the purposes are: punishment of offenders, reduction of crime (including by deterrence), reform and rehabilitation, protection of the public, and reparation by offenders to those affected by their offences.
Sentencing Council Guidelines
Courts must follow relevant guidelines unless it would be contrary to the interests of justice. Guidelines set out offence-specific starting points and categories based on harm and culpability.
Types of Sentence
- Absolute discharge
- Conditional discharge
- Fine
- Community order (with one or more requirements such as unpaid work, curfew, supervision, drug rehabilitation)
- Suspended sentence order (custodial sentence of up to 2 years suspended for up to 2 years)
- Immediate custodial sentence
Seriousness Threshold
A custodial sentence may only be imposed if the offence is "so serious that neither a fine alone nor a community sentence can be justified" (the custody threshold). A community order may only be imposed if the offence is "serious enough to warrant such a sentence" (the community order threshold).
Aggravating Factors
Include previous convictions, offence committed while on bail, use of a weapon, vulnerability of the victim, premeditation, and breach of trust.
Mitigating Factors
Include no previous convictions, good character, genuine remorse, mental health issues, and the offender's age or personal circumstances.
Guilty Plea Credit
Under the Sentencing Act 2020, s.73, a reduction in sentence is given for a guilty plea. The maximum reduction is one-third for a plea at the first stage of proceedings, reducing to one-quarter after a trial date is set, and to one-tenth on the day of trial.
Totality Principle
Where an offender is sentenced for multiple offences, the overall sentence must be just and proportionate — the court should consider the total effect rather than simply adding up individual sentences.
Exam tip
SQE1 questions ask you to identify the correct type of sentence, apply the custody or community order threshold, or calculate the guilty plea reduction. A common trap is imposing a custodial sentence without considering whether the custody threshold is met. Questions also test aggravating and mitigating factors and whether the court has followed the sentencing guidelines.
How This Appears in SQE1 Questions
SQE1 questions ask you to identify the correct type of sentence, apply the custody or community order threshold, or calculate the guilty plea reduction. A common trap is imposing a custodial sentence without considering whether the custody threshold is met. Questions also test aggravating and mitigating factors and whether the court has followed the sentencing guidelines. Examiners test these distinctions repeatedly.
Quick Example Scenario
A defendant with no previous convictions pleads guilty at the first hearing to a theft offence. The value of the stolen goods was £500. The Magistrates' Court must decide the appropriate sentence.
The court applies the Sentencing Council guideline for theft, assessing harm and culpability. With no previous convictions, low value, and a guilty plea at the first opportunity, the sentence is likely to be at the lower end — possibly a fine or conditional discharge. The one-third guilty plea reduction applies. The custody threshold is unlikely to be met given the low seriousness.
Common Mistakes Students Make
- Imposing custody without considering the custody threshold — custody is a last resort for offences that are "so serious" that nothing else is justified
- Applying the wrong guilty plea reduction — one-third at the first stage, one-quarter after a trial date is set, one-tenth at trial
- Ignoring the totality principle when sentencing for multiple offences — the overall sentence must be just and proportionate
- Failing to distinguish between aggravating and mitigating factors and their impact on the category of seriousness
Quick Summary
Sentencing under the Sentencing Act 2020 applies consistent principles and processes:
- Purposes: Punishment, crime reduction/deterrence, reform and rehabilitation, public protection, reparation
- Thresholds: Community order only if serious enough; custody only if so serious neither fine nor community sentence justified
- Guidelines: Sentencing Council guidelines set starting points and categories by harm and culpability; courts must follow unless contrary to justice
- Types: Absolute discharge, conditional discharge, fine, community order, suspended sentence, immediate custody
- Aggravating factors: Previous convictions, offence on bail, weapon use, victim vulnerability, premeditation, breach of trust
- Mitigating factors: No prior convictions, good character, remorse, mental health, age, personal circumstances
- Guilty plea credit: One-third at first stage, one-quarter after trial date set, one-tenth on day of trial
- Totality: For multiple offences, overall sentence must be just and proportionate
Where Criminal Law Meets Practical Outcome for the Convicted
Want to test this now? Try a few SQE1-style questions below before moving on.
Test Yourself
Test yourself
Quick check questions based on this article.
Question 1
Scenario
A 32-year-old man pleads guilty to one count of assault occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act 1861. He punched a stranger outside a nightclub, causing a fractured cheekbone. The assault was unprovoked. The incident was captured on CCTV. The man has two previous convictions: one for common assault three years ago, for which he received a community order, and one for criminal damage five years ago, for which he received a fine. He is in full-time employment as an electrician, is the primary carer for his two children aged 6 and 9, and has expressed remorse in a letter to the court. His employer has written a character reference confirming that the man is a reliable worker. The offence falls within Category 2, Range 1 under the Sentencing Council guidelines for assault occasioning actual bodily harm, which indicates a starting point of a high-level community order with a range of low-level community order to Crown Court. The man entered his guilty plea at the first opportunity at the magistrates' court. The prosecution do not allege any aggravating factors beyond the previous convictions.
What is the most likely sentencing outcome for the man?
Question 2
Scenario
A solicitor represents a client who has pleaded guilty to an offence of assault occasioning actual bodily harm in the magistrates' court. The offence involved the client punching a stranger once during an argument outside a bar, breaking the victim's nose. The client has no previous convictions and is employed as a teaching assistant. The magistrates indicate that they are considering all sentencing options, including committal to the Crown Court for sentence. The sentencing guidelines suggest a starting point of a high-level community order for this category of offence. The client has expressed genuine remorse and has written a letter of apology to the victim. Before the sentencing hearing, the client tells the solicitor that the victim has since contacted him and said she does not want the client to be punished and has forgiven him. The client asks the solicitor to mention this to the court. The solicitor has not been able to verify this claim independently. The pre-sentence report recommends a community order with an unpaid work requirement. The client also asks the solicitor to tell the court that the victim's injuries were minor, despite the prosecution evidence clearly establishing a broken nose.
How should the solicitor approach the sentencing hearing?
Question 3
Scenario
A woman aged 40 is convicted in the magistrates' court of an offence of assault by beating contrary to section 39 of the Criminal Justice Act 1988. The offence involved the woman slapping a shop assistant who she believed had overcharged her. The shop assistant suffered no lasting injury. The woman has no previous convictions and has been employed as an office manager for 15 years. She is well regarded in her local community and several character references have been provided. The magistrates have determined that the offence is not serious enough to warrant a community order. The magistrates are considering whether to impose a conditional discharge. The sentencing guidelines indicate a starting point of a Band A fine. The woman's solicitor submits that a conditional discharge would be appropriate given the woman's good character and the relatively minor nature of the offence.
Which of the following correctly describes the effect of a conditional discharge?
Practice with full exam-style questions
Related Topics
- Criminal Practice: Complete Topic Guide
- Trial Procedure in Criminal Cases for SQE1
- Appeals in Criminal Cases for SQE1
- Mode of Trial: Classification and Allocation Explained
Practise Sentencing Questions for SQE1
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