sentence

The judgment of a court stating the *punishment to be imposed on a defendant who has pleaded guilty to a crime or been found guilty by the jury. Before the sentence is imposed, the prosecution must present the judge with the accused’s *antecedents and the defence may then make a plea in *mitigation of the sentence. If the probation officer wishes to make a report, this should be done before the defence makes its plea in mitigation (see *social inquiry report). The judge may also obtain reports from nonlegal specialists (medical experts or social workers) on the mental, physical, social, or personal circumstances of the accused; if such reports are not immediately available, he may adjourn the case (and remand the accused) until they are obtained. Reports are desirable when the sentence may involve a *probation order or when the defendant is facing his first prison sentence. The court must have reports before making a *community service order, when the offender is under 21 years old, or before attaching conditions for medical treatment to a probation order.

Sentence must be pronounced in open court by the presiding judge and is almost always pronounced in the presence of the accused. The sentence may be altered (or rescinded) within 28 days by the trial court, and the Crown Court also has a further (common-law) power to postpone sentence for more than 28 days when circumstances require this (e.g. when disqualifying from driving under the *totting-up provisions, if the driving licence is not available). There is also a power to postpone sentence for up to six months (see *deferred sentence).

Courts have very wide discretionary powers of sentencing in all crimes (except murder and treason). The penalties prescribed by law are maximum penalties, to be imposed in the most serious cases, and the judge must decide what is the appropriate sentence in each case. Apart from imprisonment (which may be a *concurrent sentence, an *extended sentence, or a *suspended sentence) and *fines, the courts can impose probation orders, community service orders, confiscation orders, and *hospital orders, as well as an absolute or conditional *discharge. (For the sentencing of young offenders, see *juvenile offender.) Magistrates’ courts have less extensive powers of sentencing, but may sometimes, upon convicting an offender, remit him to the Crown Court for sentence (e.g. when he has been tried summarily for an offence triable either way). There is usually a right of appeal against sentence to the *Court of Appeal. The *Attorney General may refer cases to the Court of Appeal (with its leave) when Crown Court sentences appear unduly lenient. The Court of Appeal may then quash the sentence and substitute any sentence that they think appropriate and that the Crown Court had power to pass. See also *nulla poena sine lege.