Sentencing
The judge or magistrate giving the sentence must consider punishing the offender, reducing crime, rehabilitating the offender, protecting the public, and the offender making reparation. The sentence will be a combination of these aims.
Magistrates' and Crown Courts have different sentencing powers. More serious cases are sentenced in the Crown Court and less seriuos offences are sentenced in the Magistates' Court.
When deciding upon the appropriate sentence courts have guidelines to assist them. The Sentencing Guidelines Council, which was created in 2004, has responsibility for producing guidelines for use in all criminal courts. Any guidelines that are issued by the Council must be followed or reasons must be given by the judge or magistrate if they depart from them.
All offences have a maximum penalty set out in law and a limited number of crimes have a minimum sentence. These are:
- There must be a life sentence for murder;
- There is an automatic life sentence for a second serious sexual or violent offence (there is a list of qualifying offences, all of which have a maximum penalty of life). For offences committed after 4 April 2005, this penalty has been replaced with new public protection sentences.
- a minimum 7 year prison sentence for third-time trafficking in Class A drugs (this provision applies to importation, production, supplying and possession with intent to supply Class A drugs. The maximum penalty for these offences is life imprisonment);
- a minimum 3 year prison sentence for third-time domestic burglary. The maximum penalty for burglary is 14 years imprisonment.
- a minimum 5 year prison sentence for possession or distribution of prohibited weapons or ammunition. The maximum penalty is 10 years imprisonment.