Sentencing Process - two

Step 2 - Selecting the sentencing range

The court should next select the sentencing range. This is the range of sentences within which the appropriate headline sentence for the offence appears to fall, having regard to the assessment of seriousness at step 1. If there is a sentencing guideline which applies to the offence before the court it may offer further guidance on how to select the sentencing range, and should be consulted at this point.
The court should also have regard to the following:

1) any relevant guideline judgments

2) any statutory provision relevant to the offence, including any maximum and minimum sentence, and

3) any statutory provision applicable to the sentencing of the offender, including the presumptions against:

passing a sentence of imprisonment on a person aged 21 or over who has not previously been sentenced to imprisonment or detention

imposing custodial sentences of under 12 months, and

passing a sentence of detention on a person aged under 21

Step 3: Identify aggravating and mitigating factors