Stan Reiz, KC

This Practice Note explains the purpose and scope of mitigation given on behalf of defendants convicted of criminal offences by the criminal courts in England and Wales, in order to reduce the sentence imposed by the courts. It covers the law relating to mitigation, which is any aspect of a case that reduces the severity of the sentence passed, either the length of sentence or type of sentence imposed. It explains the factors that determine sentence, the purpose of mitigation, what is meant by personal mitigation and a suggested structure of a plea in mitigation and provides links to the Sentencing Council’s sentencing guidelines including the General guideline—overarching principles (the General guideline) which provides expanded explanations for aggravating factors and mitigating factors, culpability and harm and applies to all individual offenders aged 18 or over and to organisations who are sentenced.

This Practice Note covers restitution and deprivation orders following criminal conviction under the Sentencing Act 2020 (SA 2020). It explains the power to order restitution of stolen goods to victims in criminal proceedings and how to appeal a restitution order. The Practice Note also explains the power of the courts to order the forfeiture of property connected with the commission of an offence by making a deprivation order, the procedure for the making an order for deprivation and the effect of a deprivation order.

This Practice Note explains the power to make and effect of a conviction based sexual harm prevention order (SHPO) under sections 343–349 of the Sentencing Act 2020 (SA 2020). SHPOs can also be otherwise than in connection with a conviction under sections 103A–103K of the Sexual Offences Act 2003 (SOA 2003). When they were brought in as a result of the Anti-Social Behaviour, Crime and Policing Act 2014, SHPOs replaced sexual offences protection orders (SOPOs) and foreign travel orders (FTOs) in England and Wales. This Practice Note examines the statutory criteria that must to be satisfied before the court can impose an SHPO, the minimum and maximum time for a travel ban or the fixed period (duration), the powers of the court to renew, vary or discharge a post conviction SHPO, interim SHPOs and the procedure for obtaining an order. It also considers offences of breach of an SHPO and the Sentencing Council’s guidelines for judges and magistrates to apply when they are sentencing offenders who have breached SHPOs.

This Checklist provides an outline of the type of factors which an advocate must mitigate during a sentencing hearing including mitigation in relation to the offence and personal mitigation. It also provides a list as to what character evidence should include and some general practical tips. It includes links to the Sentencing Council’s General guideline—overarching principles which applies to all individual offenders and to organisations who are sentenced and includes expanded explanations of aggravating and mitigating factors.