Questionnaire England/Wales
I.44 Does the public prosecutor request or suggest which sentence the court should impose at the end of the court trial?
No. However, whilst not suggesting a specific
sentence the prosecutor may provide guidance to the judge on factors which he
feels may be relevant to the sentence. These are summarized in sect. 11 Code
for Crown Prosecutors which reads:
Crown Prosecutors should draw the court’s attention to:
- any aggravating or mitigating factors disclosed by the prosecution case;
- any victim personal statement;
- where appropriate, evidence of the impact of the offending on a community;
- any statutory provisions or sentencing guidelines which may assist;
- any relevant statutory provisions relating to ancillary orders (such as anti-social behaviour orders).
Crown Prosecutors should challenge any assertion made by the defence in mitigation that is inaccurate, misleading or derogatory. If the defence persists in the assertion, and it appears relevant to the sentence, the court should be invited to hear evidence to determine the facts and sentence accordingly.’
In addition, The Attorney General (the political and legal head of the Government’s Law Officer’s Department, and to whom the CPS reports), with the leave of the Court of Appeal, has powers under sects. 35 and 36 Criminal Justice Act 1988, to refer to the Court sentences which appear to him to be unduly lenient. This must be done within 28 days of the sentence being imposed. The time limit is mandatory and cannot be extended. This power does not exist for all offences, but at present includes indictable offences, serious fraud, certain sexual offences involving children, production and supply or controlled drugs and trafficking in drugs, and pornography involving children, racially or religiously aggravated offences contrary to sects. 29-32 Crime and Disorder Act 1998, and some ‘either-way’ offences ie indecent assault, cruelty or neglect of a child under 16, issuing threats to kill, and attempting or inciting the commission of those offences (see http:// www.cps.gov.uk).
Crown Prosecutors should draw the court’s attention to:
- any aggravating or mitigating factors disclosed by the prosecution case;
- any victim personal statement;
- where appropriate, evidence of the impact of the offending on a community;
- any statutory provisions or sentencing guidelines which may assist;
- any relevant statutory provisions relating to ancillary orders (such as anti-social behaviour orders).
Crown Prosecutors should challenge any assertion made by the defence in mitigation that is inaccurate, misleading or derogatory. If the defence persists in the assertion, and it appears relevant to the sentence, the court should be invited to hear evidence to determine the facts and sentence accordingly.’
In addition, The Attorney General (the political and legal head of the Government’s Law Officer’s Department, and to whom the CPS reports), with the leave of the Court of Appeal, has powers under sects. 35 and 36 Criminal Justice Act 1988, to refer to the Court sentences which appear to him to be unduly lenient. This must be done within 28 days of the sentence being imposed. The time limit is mandatory and cannot be extended. This power does not exist for all offences, but at present includes indictable offences, serious fraud, certain sexual offences involving children, production and supply or controlled drugs and trafficking in drugs, and pornography involving children, racially or religiously aggravated offences contrary to sects. 29-32 Crime and Disorder Act 1998, and some ‘either-way’ offences ie indecent assault, cruelty or neglect of a child under 16, issuing threats to kill, and attempting or inciting the commission of those offences (see http:// www.cps.gov.uk).
