A guide to how sentencing works in the Crown Court

Facing sentencing in the Crown Court can feel overwhelming, especially when you are unsure what to expect or how decisions are made. Many people find the process confusing and worry about what the outcome might mean for their future. At Olliers, we understand how stressful this experience can be and we believe that clear information can make a real difference. This guide explains how sentencing works in a straightforward way so you can feel more informed and supported at every stage. 

Sentencing Guidelines 

Sentencing guidelines are the official rules used by courts in England & Wales to determine fair, consistent, and proportionate sentences for criminal offences. 

They were created by the Sentencing Council and must be followed by Judges and Magistrates unless it would not be in the interests of justice to do so. 

The sentencing guidelines look to assess the seriousness of the offence. Each guideline will look at culpability (how blameworthy the offender was) and Harm (the impact or potential impact on the victim). Once this has been determinedthe offence will be catergorised. (A1 offences are the most serious. C3 offences are the least serious). 

Once the category is chosen, the court must determine a starting point for sentence. There are a number of factors that may impact the starting point. 

Aggravating factors 

Aggravating factors are factors that increase the seriousness of the offence.  

Below are some examples of aggravating factors: 

• Previous convictions 
• Offence committed while on bail/licence/community order 
• High level of planning 
• Vulnerable victim (for example, age or disability) 
• Abuse of a position of trust or authority 
• Use or threat of violence, weapon, or intimidation 
• Significant physical, psychological, or financial harm 
• Offence motivated by racial or religious  

Mitigating factors 

Mitigating factors reduce the seriousness of the offence.  

Below are some examples of mitigating factors: 

• No previous convictions / good character 
• Evidence of remorse 
• Recognised mental health conditions that reduce culpability 
• Age and maturity 
• Pressure from others 
• Cooperation with the investigation 

What is totality? 

The principle of totality is a rule that applies when a defendant is sentenced for multiple offences. The court looks to ensure the overall sentence is proportionate, rather than adding up all the individual sentences. 

Concurrent sentences are sentences which are served at the same time. These are issued when offences arise out of the same incident or, the offending is closely linked. 

Consecutive sentences are sentences which are stacked on one another. These apply when the offences are separate incidents, the offences represent separate harm or the offences have separate victims. 

Do I get credit for a guilty plea? 

Credit for a guilty plea is where a defendant has a reduction in their sentence as a result of entering a guilty plea. 

Maximum credit of one third (33%) is given when a defendant pleads guilty at the first reasonable opportunity, this is usually at the first appearance at the Magistrates’ Court. 

If a matter is sent to the Crown Court for a Plea and Trial Preparation hearing, if a guilty plea is entered at that stage, 25% credit will be given. 

If a defendant pleads guilty after the 1st appearance and/or Plea and Trial Preparation Hearing, credit will be between 10% – 25%. The exact amount will be at the discretion of the sentencing judge.  

If a guilty plea is entered on the day of trial, but before evidence is heard, credit will be 10%. 

If a defendant pleads guilty but there is a factual dispute, the court may list the matter for a Newton Hearing. If the defendant is unsuccessful, they risk losing their credit. 

Will time on remand count towards my sentence? 

Time spent on remand counts towards a custodial sentence, this is governed by the Criminal Justice Act 2003. 

If a defendant has been remanded in custody or held due to being recalled on a previous sentence, but the recall was solely because of the new offence then the court will deduct that time from the sentence. 

Will time spent on a tag count towards my sentence? 

Time on an electronic curfew is not the same as being remanded into custody and therefore it is unlikely to count towards a sentence. In some cases, the defendant may receive tag credit, where each day on a qualifying curfew (9+ hours per day) is counted as half a day. The sentencing Judge must order this. 

How long will I actually spend in prison? 

A determinate sentence is a fixedlength custodial sentence. This is where the court sentences the defendant to a set number of months and/or years and the defendant serves part in custody and part on licence in the community.  

The time served in custody is usually 50% but can sometimes be 40%. 

An example of this is: 

• The defendant is sentenced to 5 years in prison 
• They serve 2 and a half years in custody (50%) or 2 years in custody (40%) 
• They serve the remaining period on licence.  
• The sentence ends at the 5-year point. 

The above applies to the majority of cases, where the defendant will serve up to half of their sentence in custody and the remaining half on licence. For certain violent or sexual offences, the defendant will serve twothirds of their sentence before release. Again, the sentence automatically ends when the licence period expires. 

A nondeterminate sentence does not have a fixed release date, instead, the release depends on risk, any statutory minimum terms and the outcome of future parole board hearings. 

What type of sentence do you get for murder? 

When sentencing for murder, the offence carries a mandatory life order with a minimum term to be set. At the sentencing hearing, the court sets a minimum term. After the minimum term, the Parole Board will decide if they believe it is safe to release the defendant. For the most serious offences, the defendant will remain on licence for life and can be recalled back to prison at any time. 

Olliers Solicitors – specialist criminal defence law firm 

Understanding how sentencing works in the Crown Court can feel daunting, but having clarity about the process helps individuals make informed decisions at every stage of their case. From the court’s starting points and aggravating or mitigating factors to the role of presentence reports and credit for guilty pleas, each step has a real impact on the final outcome. 

If you or someone you know is facing Crown Court proceedings, early specialist advice is essential. At Olliers, our experienced team can guide you through the process, explain what to expect, and work proactively to achieve the best possible result. 

For confidential advice or to discuss how we can support you, please get in touch with our team. Please contact us by telephone on 0161 834 1515, by email to info@olliers.com or complete the form below and we will contact you.