Sentencing & appeals
Sentencing follows conviction and is governed by the Sentencing Act 2020 and Sentencing Council guidelines, aimed at statutory purposes of sentencing. Appeals lie by different routes from the magistrates' court and the Crown Court.
What "Sentencing & appeals" covers
- The purposes of sentencing (s.57 Sentencing Act 2020) are punishment, reduction of crime (including deterrence), reform and rehabilitation, protection of the public, and reparation.
- The court determines seriousness by reference to culpability and harm, applies the relevant offence-specific guideline, and identifies aggravating and mitigating factors.
- A reduction in sentence is available for a guilty plea, on a sliding scale (up to one-third for a plea at the first stage), per the Sentencing Council guideline.
- Types of sentence include custody (immediate or suspended), community orders, fines, and ancillary orders (e.g. compensation, disqualification); custody is a last resort with a custody threshold.
- From the magistrates' court, a defendant may appeal to the Crown Court against conviction and/or sentence (rehearing), or by way of case stated / judicial review to the High Court on a point of law.
- From the Crown Court, appeal against conviction or sentence lies to the Court of Appeal (Criminal Division) with leave; conviction appeals turn on whether the conviction is 'unsafe' (Criminal Appeal Act 1968).
- The Attorney General may refer unduly lenient sentences for specified offences to the Court of Appeal, and points of law to the Court of Appeal/Supreme Court.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For sentencing & appeals, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Confusing the appeal routes: from the magistrates' court a factual appeal goes to the Crown Court (rehearing), while a point of law goes to the High Court by case stated.
- Overstating the guilty-plea reduction — the maximum one-third applies only to a plea at the first stage and reduces on a sliding scale thereafter.
- Forgetting the custody threshold — immediate custody must be justified as the only appropriate sentence.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on sentencing & appeals.
FAQ
Is sentencing & appeals tested on SQE1?
Yes — sentencing & appeals is part of the SQE1 Criminal Litigation syllabus (FLK2) and can appear in single best answer questions.
How is sentencing & appeals examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Sentencing Act 2020 s.57, Sentencing Act 2020 (Sentencing Code)) helps.