Trial Procedure in Magistrates’ Court and Crown Court

Introduction

Once a defendant has pleaded guilty or been convicted, the court must decide how to deal with the offender. This chapter examines the **sentencing framework** for adult offenders in England and Wales, now consolidated in the **Sentencing Act 2020 ('SA 2020')**. It covers the **five statutory purposes of sentencing**, the role of **Sentencing Council guidelines**, how the court determines **seriousness** (culpability and harm), **aggravating and mitigating factors**, the principal **types of sentence** (custodial, suspended, community, fines and discharges, ancillary orders), **concurrent and consecutive sentences** and the **totality principle**, **Newton hearings** (*R v Newton* (1982)) and the **reduction for a guilty plea**.

Assessment focus

For SQE1 FLK2, sentencing is a core, frequently examined topic. You should be able to **apply** the sentencing framework to realistic client scenarios rather than merely recall it. Key examinable points include: the **custody threshold** under **s. 230 SA 2020**; the limits on **magistrates' court** custodial powers (6 months summary / 12 months either-way); when a **suspended sentence order** (**ss. 277–287 SA 2020**) may be imposed and the consequences of breach; the requirements and breach of a **community order** (**ss. 200–220 SA 2020**); the **statutory aggravating factors** (previous convictions s. 65, offence on bail s. 64, hostility s. 66); the **guilty plea reduction scale** (one-third / one-quarter / one-tenth); and the **Newton hearing** procedure. SBAQs are single best answer questions set in realistic scenarios. This is a closed-book assessment.

Study tips

1) Memorise the **five purposes of sentencing** (punishment; crime reduction/deterrence; reform and rehabilitation; protection of the public; reparation) — and note they do **not** apply to a **mandatory life sentence** (murder). 2) Lock down the **custody threshold** (s. 230): custody only if the offence is **so serious** that neither a fine alone nor a community sentence can be justified. 3) Learn the **suspended sentence** numbers: custody **> 14 days but ≤ 2 years**; operational period **6 months–2 years**; cannot co-exist with a community order; breach options are full / part activation or a fine up to **£2,500**. 4) Memorise the **guilty plea reduction scale**: first stage = **1/3**; after first stage = **1/4**; during trial = **1/10** declining to zero. Reduction applies to the **punitive element only**. 5) For **Newton hearings**, remember the **material difference** test and that the basis of plea must **not amount to a defence**.