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Where the offender is dealt with separately for a breach of an order regard should be had to totality. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. 3 Luglio 2022; common last names in kazakhstan; medical careers that don't require math in sa . Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence. For further information see Imposition of community and custodial sentences. (v) hostility towards persons who are transgender. The court must ensure that the restriction on the offenders liberty is commensurate with the seriousness of the offence and that the requirements imposed are the most suitable for the offender. If tried and found guilty in a magistrates' court, the maximum penalty is a custodial sentence of six months and/or a fine. border-color:#000000; Kang & Co Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA No. For more serious offences where a substantial period of custody is appropriate, this factor will carry less weight. Previous convictions are likely to be relevant when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). border-style:solid; The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. border-color:#000000; The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). Custody should not be imposed where a community order could provide sufficient restriction on an offenders liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor.