Fault (legal) - Sentencing

Sentencing

Both the type of sentence imposed, and its severity, is in large part determined by the degree of fault shown by the defendant. This can also be seen in the impact of both aggravating and mitigating factors. This is why some people are opposed to the use of minimum and mandatory sentences, as they break the relationship between the degree of fault present in the offence committed and the sentence imposed. A guilty plea can have an effect on the sentence, depending on when it is made. Making a guilty plea before the start of the trial can reduce the sentence imposed by up to one third but changing the plea to guilty once the trial has started can only reduce it by one tenth. This is because admitting fault after the trial has begun has wasted court time and money (for jury and judge etc.), so this is reflected in the sentence. Tariffs and minimum sentences also illustrate that fault is relevant to the sentencing process, whether the defendant pleads guilty or is found guilty in court.