Sentencing - Concurrent and Consecutive Sentences

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Overview

Learning about concurrent and consecutive sentences is essential for aspiring solicitors preparing for the SQE1 FLK2 exam. This challenging area of criminal law involves understanding how courts decide on suitable punishments for multiple offenses. This article explores the legal framework, judicial discretion, and practical aspects of these sentencing methods, equipping candidates with the knowledge needed for future legal practice.

Legal Framework and Statutory Basis

Concurrent and consecutive sentencing in England and Wales is primarily governed by the Criminal Justice Act 2003 (CJA 2003). Key provisions include:

  1. Section 153 CJA 2003: Grants the power to impose custodial sentences.
  2. Section 265 CJA 2003: Determines whether multiple sentences run concurrently or consecutively.
  3. Schedule 21 CJA 2003: Guides decisions on minimum terms in mandatory life sentences, especially for complex cases.

These statutory elements are essential for candidates, providing the legal context for judicial discretion.

Concurrent and Consecutive Sentences: Definitions and Applications

Concurrent Sentences

Concurrent sentences are served simultaneously. The overall sentence reflects the duration of the longest one imposed.

Application: Courts use concurrent sentences when:

  • Offenses are interrelated or part of a single criminal act.
  • Consecutive terms would result in an overly long sentence.

Example: Jordan receives 2 years for burglary and 1 year for handling stolen goods from the same event. These run concurrently, totaling 2 years.

Consecutive Sentences

Consecutive sentences are served one after another, with total time being the sum of all sentences.

Application: Courts opt for consecutive sentences when:

  • Offenses are separate and distinct.
  • The crime's seriousness warrants a longer combined sentence.

Example: Taylor receives 18 months for assault and 12 months for an unrelated fraud while on bail. These run consecutively, totaling 30 months.

Factors Influencing Sentencing Decisions

Determining sentencing involves several key considerations:

  1. Nature and Severity of Offenses: Assessing seriousness based on harm, intent, and rehabilitation potential.
  2. Offense Relationship: Evaluating whether offenses are related or separate.
  3. Totality Principle: Ensuring the total sentence does not exceed the seriousness of the offenses, aiming for fairness and proportionality.
  4. Judicial Discretion: Judges use discretion guided by legal principles, sentencing guidelines, and case specifics.

Application of Sentencing Guidelines

Sentencing guidelines from the Sentencing Council ensure consistency and fairness, advising on:

  • Aggravating Factors: Elements that increase seriousness, leading to longer or consecutive terms, such as violence or targeting vulnerable victims.
  • Mitigating Factors: Elements that reduce seriousness, resulting in shorter or concurrent terms, such as a guilty plea or remorse.

Complex Sentencing Scenarios

Suspended Sentences and Further Offending

New offenses during suspended sentences pose decision-making challenges.

Legal Framework:

  • Section 121 and Schedule 16 of the Sentencing Code cover suspended sentence activation.
  • Courts must activate suspended terms fully unless it would be unjust.

Example Scenario: A man with a 6-month suspended sentence for assault pleads guilty to another offense after five months. The court considers:

  1. The sentence for the new offense.
  2. Whether to activate the suspended sentence.
  3. Full or partial activation.
  4. Whether terms run concurrently or consecutively.

Typically, this results in a consecutive sentence, reflecting the distinct nature of offenses and trust breach.

Extended Sentences and Life Sentences

Extended and life sentences involve more complex considerations.

Extended Sentences:

  • Custodial terms and extensions are treated separately.
  • Custodial terms may run consecutively, although extensions usually run concurrently.

Life Sentences:

  • Courts specify whether minimum terms under life sentences are concurrent or consecutive.
  • R v Burinskas provides guidance on clarity in sentencing remarks.

Case Law: Examining the Effect of Sentencing Decisions

Studying case law is important for understanding sentencing practices.

R v. Evans: Highlights the importance of judicial discretion in aligning sentences with individual crimes, stressing fairness and proportionality.

R v Killick: Explains the totality principle, ensuring the aggregate sentence matches offending behavior.

Broader Considerations

Choosing between concurrent and consecutive sentences can affect:

  1. Prison Management: Consecutive sentences may lead to overcrowding.
  2. Rehabilitation: Greater consecutive terms could hinder rehabilitation.
  3. Victim Perception: Sentencing can impact victims' sense of justice.
  4. Parole: Sentence structure influences parole eligibility and release.

Conclusion

A thorough understanding of concurrent and consecutive sentencing is essential for SQE1 FLK2 candidates. Key points include:

  1. The Criminal Justice Act 2003 provides the legal basis for decisions.
  2. Concurrent sentences suit related offenses, while consecutive ones apply to separate crimes.
  3. The totality principle ensures sentences remain proportional.
  4. Judicial discretion balances aggravating and mitigating factors.
  5. Complex scenarios require careful application of multiple principles.
  6. Landmark cases like R v. Evans and R v Killick highlight practical sentence applications.