Aggravating And Mitigating Factors

The current sentencing process unduly concerns itself with aggravating factors at the expense of a defendants mitigation. The result is invariably unjust. Do you agree? Give your reasons When a person is found guilty the sentence is decided based on the sentencing council guidelines and the numerous decisions in case law made by the Court of Appeal. At the turn of the century a formal probation service was in place but not much else. Sentencing equalled discharge, fine, probation and prison. Guideline judgments became available first in R v Turner (1975) relating to robbery and for drugs in R v Aramah (1982). It was the Powers of Criminal Courts (Sentencing Act 2000), however, that had the biggest impact. The Powers of Criminal Courts covers the powers the court can exercise before sentencing in Part 1 such as deferment, committal to Crown Court for sentence and remission for sentence with young offenders. Part 11 covers the powers of discharge, III, referral of young offenders, IV, youth community orders and reparation. Part V covers custodial sentences, part VI, financial penalties, VII, the further powers of the court while part VIII covers miscellaneous and supplementary matters. Factors affect the sentencing such as the