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2 Criminal law (1 questions)
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The determination of a custodial sentence follows a three‑stage process under the Criminal Justice Act 2003:
- Establish the starting point: The Sentencing Council provides a guideline range for each offence based on its seriousness.
- Adjust for aggravating and mitigating factors:
- Aggravating factors (e.g., use of a weapon, previous convictions) increase the sentence.
- Mitigating factors (e.g., guilty plea, age, mental health) reduce the sentence.
- Apply the totality principle: When an offender faces multiple offences, the total sentence must be just and appropriate to the overall criminal conduct, avoiding excessive punishment.
The courts must ensure that the final custodial term remains within the statutory limits and reflects the balance between punishment and rehabilitation.