Sentencing Law
Sentencing guidelines, custodial and community sentences, aggravating and mitigating factors.
Introduction
Sentencing law governs how courts determine punishment. The Sentencing Act 2020 consolidated previous legislation. The Sentencing Council produces definitive guidelines. Sentences include custody, community orders, fines, and discharges.
Core Principles
Purposes of Sentencing — Punishment, deterrence, rehabilitation, public protection, and reparation (s.57 SA 2020).
Sentencing Guidelines — Courts must follow Sentencing Council guidelines unless contrary to the interests of justice.
Custody Threshold — Custody only if the offence is so serious that neither a fine nor community sentence is justified.
Guilty Plea Reduction — Up to one-third for a guilty plea at the first reasonable opportunity.
Aggravating Factors — Previous convictions, offending on bail, hostility based on protected characteristics.
Mandatory Life Sentence — For murder, the judge sets the minimum term.
Key Statutes
Sentencing Act 2020
Police, Crime, Sentencing and Courts Act 2022
Common Scenarios
First-time offender pleads guilty to ABH
Sentencing Council guideline sets starting point by harm and culpability. Up to one-third reduction for early plea. Likely community order or suspended sentence.