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How a court reaches a decision

A sentence is the punishment a court thinks is necessary based on the crime you have been found guilty of. A judge (in a Crown Court) or a magistrate (in a magistrates’ court) decides on the sentence.

Some of the things a judge or magistrate thinks about when deciding your sentence are that it:

• punishes you in the way you deserve
• puts you off committing more crime in the future
• helps you move away from crime – for example, by supporting you to change your life for the better
• protects the public – for example, by sending you to prison if you’re a risk to other people
• makes you do something to make up for your crime – like unpaid work

How a court decides the type and length of sentence

The following things can affect the type and length of sentence you get.

Whether or not you have a criminal record

If you have a criminal record, you could be given a longer sentence. A criminal record may suggest you have a tendency to commit crime. Because of this, you may need a longer sentence to put you off committing even more crime in the future.

If you say you committed the crime

If you say you committed the crime your sentence may be reduced.

• Magistrates' courts - what they do

• Crown Court - what it does

Maximum sentences

For every crime there is a maximum penalty – this is the most punishment a judge can give you.

‘Aggravating’ and ‘mitigating’ factors

If you go to court, it’s likely you will hear the terms ‘aggravating’ and ‘mitigating’ factors. These factors also affect the type and length of sentence you get.

A judge (or magistrate) looks at the aggravating and mitigating factors of your case before deciding on a sentence.

An aggravating factor is something that makes a crime more serious.

A mitigating factor is something that makes a crime less serious.

‘Aggravating’ factor – an example

A burglar breaks into a house and the owners of the property are in bed. A court is likely to consider the fact that the house was occupied at the time as an aggravating factor.

It makes the crime more serious than if the owners hadn’t been in at the time.

‘Mitigating factor’ – an example

A burglar breaks into a house. A court is likely to consider the fact that the burglary wasn’t planned – and no damage done to the property – as mitigating factors.

Your sentence may be also reduced if the court looks at ‘personal’ mitigating factors, for example that:

• you’re genuinely sorry for what you have done
• there are events in your personal life which may have affected your behaviour

You can read more examples of what sentences may be given in different circumstances, from the link below.

• Being sentenced by a court - an overview

Guidelines a court uses when sentencing

A judge (or magistrate) uses guidelines when deciding on the right sentence. Guidelines help judges and magistrates to give similar sentences for similar types of crime, wherever the crime is committed.

Guidelines are issued by the:

• Court of Appeal
• Sentencing Council – an independent organisation

You can find more information about the Sentencing Council from the link below.

• The Sentencing Council Opens new window

See how a sentence is worked out

‘You be the Judge’ is an online tool that lets you hear the facts of a real court case and decide what sentence you would give. You are told what sentence was actually passed – and why.

• 'You be the judge' Opens new window