Sentencing for Sexual Offences
Sentencing guidelines help judges in England and Wales take a consistent approach to sentencing. Two people may commit the same offence; however, this can happen in different ways with differing results, and therefore the sentence would not be the same and the courts would impose a sentence to properly reflect the individual circumstances of that offence. By law, judges and magistrates must sentence according to the guidelines, unless it would be unjust to do so.
There are
guidelines for most sexual offences
which set out the factors the court should consider. The guidance sets out different levels of sentence based on the harm caused to the complainant and the blameworthiness of the defendant. Where there are no specific guidelines, the court refers to the General Guideline for Sentencing Offences.
The General guideline came into force on 1 October 2019. Judges may also refer to important Court of Appeal judgments to examine how sentences have been reached for similar cases in the past.
Sexual Assault Sentencing Example:
The maximum sentence set by legislation for sexual assault is 10 years imprisonment, the range given starts at a community order to 7 years custody.
The sentencing guidelines set out the approach to sentencing in stages.
Step 1 - Determining the Offence Category
The court will consider the facts of the case and categorise the level of harm caused. They will then establish the culpability of the offender. The list is non exhaustive and the court can take into consideration factors which may not be present on the list provided.
Step 2 - Starting Point and Category Range
Once the category has been determined the court move to step 2, and use the category range to put the case into a sentencing bracket which provides a range of a sentencing options. Where a case falls within the range can be determined by the aggravating and mitigating factors set out below. The more aggravating features in a case, the higher up in the sentencing bracket the matter will fall, this may then be balanced out by any mitigation given by the defendant.
Aggravating and Mitigating Factors
Once the above is established the sentencing judge will then have regard to the below factors.
- Any assistance given to police or prosecution
- Reduction for early guilty pleas
- Is the offending so serious that the dangerousness provisions apply warranting an extended sentence
- The totality principle. If sentencing an offender for more than one offence, or where the offender is already serving a sentence, the court will consider whether the total sentence is just and proportionate to the offending behaviour
- Whether ancillary orders are required, or whether any are mandatory. This can include Sexual Harm Prevention Orders, Restraining Orders, and also consideration must be given to the defendant becoming subject to the notification requirements of the Sex Offenders Register.
- The court are required under section 174 Criminal Justice Act 2003 to give reasons for the sentence. This includes explaining the effect of the sentence.
- The court must consider giving credit for time spent on bail or remand.
Sentencing a defendant for a sexual offence or violent offence can be a very difficult process and there is not one fixed way in which the court will approach sentence, or the particular circumstances of the offence but in the majority of cases, the sentence must be within the applicable guidelines provided.
How We Can Help You
Our lawyers can give you sentencing advice based on the circumstances of your case and any aggravating or mitigating factors which may apply. We can also assist in ensuring your case is prepared strongly for sentence by providing expert guidance on the best mitigation you can gather to assist in obtaining the most lenient sentence possible.
If you have any questions in relation to sentencing for a specific offence or how a sentence and any ancillary orders may affect you, contact us today for a free, no obligation discussion.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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