Overarching Sentencing Guideline

Stages of Sentencing

2.7 Stage Nine: Reasons

1. A court passing sentence on an offender must state in open court, in ordinary language and in general terms, its reasons for deciding on the sentence passed^[1]. Clarity of explanation is also important for victims in order that they too can understand the sentence.

2. Sentencers must explain to the offender in ordinary language:

• the effect of the sentence;

• if the offender is required to comply with any order of the court forming part of the sentence, the effects of non-compliance with the order;

• any power of the court, on the application of the offender or any other person, to vary or review any order of the court forming part of the sentence; and

• if the sentence consists of or includes a fine - the effects of failure to pay the fine.

3. Sentencers must:

• identify any sentencing guidelines relevant to the offender’s case and explain how the court has applied the guideline;

• give reasons, if they have departed from an applicable sentencing guideline, as to why it was not in the interests of justice to apply the guideline;

• if imposing a custodial sentence:

• state that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only a custodial sentence can be justified for the offence; or

• if the offence is a violent or sexual offence, state that only such a sentence would be adequate to protect the public from serious harm from the offender;

• if the sentence is a community sentence, state that it is of the opinion that for the offence, or the combination of the offence and one or more offences associated with it, a community sentence is the most appropriate sentence in the circumstances of the case;

• in every case, mention any aggravating or mitigating factors which the court has regarded as being of particular importance; and

• if reducing a sentence to take into account a guilty plea, state that fact.

^[1] Section 483 Criminal Procedure and Evidence Ordinance 2014