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How a sentence is reached

When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles.

Generally, in sentencing exercises the court will need to consider the following:

1. •

   the relevant starting point in the Sentencing Guidelines

2. •

   the aggravating factors of the offence

3. •

   the mitigation and personal circumstances of the defendant

4. •

   any reduction in sentence for a guilty plea

5. •

   whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences

6. •

   any ancillary orders that are appropriate

7. •

   the totality of the sentence to ensure it is proportionate to the offending behaviour

Mitigation

The SC’s sentencing guidelines and the general guideline set out non-exhaustive lists of mitigation