Code for Crown Prosecutors - Skadden

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The Code for Crown ProsecutorsThe Prosecutor’s Role in Sentencing11.1 Sentencing is a decision for the court, but prosecutors have aduty to offer assistance to the sentencing court in reaching itsdecision as to the appropriate sentence by drawing the court’sattention to the following factors:a) any aggravating or mitigating factors disclosed by theprosecution case;b) any Victim Personal Statement;c) where appropriate, evidence of the impact of the offendingon a community;d) any statutory provisions, sentencing guidelines, or guidelinecases which may assist; ande) any relevant statutory provisions relating to ancillary orders(such as anti-social behaviour orders).11.2 Prosecutors may also offer assistance to the court by makingsubmissions, in the light of all the above factors, as to thesentencing range within which the current offence falls.11.3 In all complex cases or where there is the potential formisunderstanding, the prosecutor must set out in writing theaggravating and mitigating factors that he or she will outlinewhen informing the court of the case in the sentencing hearing.In all other cases, this approach should be considered andundertaken if it will be of benefit to the court or the public tounderstand the case.26
The Code for Crown Prosecutors11.4 It is the duty of the prosecutor to apply for compensation andancillary orders, such as anti-social behaviour orders andconfiscation orders, in all appropriate cases. When consideringwhich ancillary orders to apply for, the prosecutor must alwayshave regard to the victim’s needs, including the question of theirfuture protection.11.5 Prosecutors should challenge any assertion made by the defencein mitigation that is inaccurate, misleading or derogatory. If thedefence persist in the assertion, and it appears relevant to thesentence, the court should be invited to hear evidence todetermine the facts and sentence accordingly.11.6 Prosecutors must comply with the “Attorney General’sGuidelines on the Acceptance of Pleas and the Prosecutor’s Rolein the Sentencing Exercise” which set out in greater detail theextent of prosecutors’ duties and role in the sentencing process.27
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