Adult Sentencing, Court Powers and Sentence Fact-Finding: Introduction

Purpose and course position. Sentencing is the court’s reasoned choice of a lawful response to an offence after conviction. This chapter prepares you to advise an adult about sentencing exposure, make an evidenced sentencing submission, challenge an incorrect factual basis, and explain the resulting order. It develops the SRA Criminal Law and Practice sentencing topics: guidelines, seriousness, mitigation, concurrent and consecutive sentences, custodial and community sentences, suspension, and the applicability and procedure of Newton hearings. It is not a prediction that a particular client will receive a particular sentence. Sources: SRA FLK2, Criminal Law and Practice—Sentencing; September 2026 specification change log.

Prerequisites. You should distinguish an offence’s elements from the evidence proving them; a guilty plea from a finding of guilt after trial; a summary-only offence from an either-way or indictable-only offence; and the magistrates’ court from the Crown Court. The earlier first-hearing and trial chapters supply that procedural route. Here, conviction means the legal determination of guilt, sentence means the resulting court order, and disposal means the form of that order. The Crown Court judge, or the magistrates or District Judge in the magistrates’ court, determines sentence; a jury does not sentence. Youth sentencing has its own chapter. Do not export adult limits to children. Sources: Criminal Procedure Rules (CrimPR) 24.11, 25.16 and 28.13; Sentencing Act 2020, Parts 9–10.

The working method is power and maximum → reliable facts → guideline seriousness → adjustments → totality → threshold and disposal → credits and additional orders → reasons. This is a reasoning aid, not a replacement for the steps in the applicable guideline. Reports and disputed facts may require the court to pause and return to an earlier decision. Section 7 explains Newton fact-finding, but any necessary hearing occurs before the disputed facts are used to select sentence.