The law presumes an accused person is innocent until proved guilty beyond reasonable doubt by the prosecution. If the defendant pleads guilty, the judge will determine the appropriate sentence.
Every offence has a maximum sentence, which is set by statute (usually by an Act of Parliament or an Order in Council).
The court sentences the offender after considering all the circumstances of the case. This can include pre-sentence reports and other specialist reports as well as a 'mitigating plea' by the defence. A range of sentences is available, and the sentence will depend on the type of court and the seriousness of the offence. Sentences include:
Probation orders require the offender to be under the supervision of a probation officer and may also impose certain other conditions set by the court.
Community service orders require the offender to do a certain amount of unpaid work for the community. If the offender is employed, they are expected to do the work in their own time.
Supervision orders are similar to probation orders, but are only available for children (young people aged between 10 and 18). These orders may impose certain requirements on the offender, as considered necessary by the court.
Attendance Centre Orders are only available for children and require the offender to go to a centre for a certain number of hours. The centres help offenders to explore why they offend and to stop offending. They also offer help to develop skills and confidence, and to encourage assertive, rather than aggressive, behaviour.
Imprisonment (or, for children, detention) is the most severe penalty that is available to the courts - it is generally only available for the more serious offences. Having considered all the circumstances of the case, the court will decide on the appropriate length of the sentence. Any time an offender has spent in custody before sentencing will usually count as time towards their sentence.
Additionally the court may decide to suspend a sentence. This means that the offender usually will not serve the sentence unless they commit further offences.
Any person convicted by a magistrates' court (or a youth court) can appeal to the county court against their conviction, and/or the sentence imposed, or, on a point of law, to the Court of Appeal.
It is only possible to appeal the decision of the county court on a point of law. These appeals go to the Court of Appeal.
Appeals from the Crown Court are made to the Court of Appeal.
A further appeal can be made to the House of Lords, if permission is given, but only if the appeal is on a point of law.
The Attorney-General can refer cases from the Crown Court to the Court of Appeal for that Court to review the sentence if he or she considers the sentence imposed was unduly lenient.
The Criminal Cases Review Commission (CCRC) - which is independent of both government and the courts - reviews alleged miscarriages of justice that have been through the appeal process. It can refer a case back to the Court of Appeal if there is a possibility that either a conviction or a sentence would not be upheld. Referral of a case to the CCRC depends on some new argument or evidence which was not raised at the trial or appeal or some other exceptional circumstances.
Crime, justice and the law