Criminal: How to Sentence

Once the defendant has been found guilty the court must decide the most appropriate sentence. In most cases a pre-sentence report will be made.

Pre-Sentence Report: This is made by the probation service. The court will tell the probation service how severe they think the sentence should be and the purpose of the sentence. An officer will then interview the offender. The report will look at reasons why the crime was committed, attitude of the offender towards the offence and the victim, aggravating factors, mitigating factors and the risk of harm the offender poses to the public. 

Aggravating Factors: Factors that make the offence committed worse, such as previous convictions, weapons used, racially aggravated, if the defendant was on bail and lack of remorse. 

Mitigating Factors: Factors that make the crime less bad and justify a more lenient sentence, such as no previous convictions, remorse/apology, if the crime was provoked, if the crime was committed in self defence and if they plead guilty at the first opportunity. 

The court must give reasons for the sentence given.