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United Kingdom
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Aggravating factor meaning
Published by a LexisNexis Corporate Crime expert
What does Aggravating factor mean?
In criminal sentencing, an aggravating factor is a feature of the offence or the offender’s conduct that increases seriousness by demonstrating greater culpability or causing greater harm, and therefore warrants a higher sentence on conviction.
Across the UK and Ireland the term is used descriptively in sentencing. In England and Wales, aggravating factors are listed in Sentencing Council guidelines and, in part, in statute (for example, offending on bail and hostility-based aggravations for hate crime). In Scotland, statutory aggravations (including prejudice-based and bail aggravations) must be recorded and reflected in sentence, alongside common-law aggravations. In Northern Ireland, guideline judgments and statute identify comparable aggravations. In Ireland, the approach is developed in case law; courts identify a headline sentence by reference to harm and culpability and adjust for aggravating and mitigating factors, with certain statutes prescribing aggravations in specific contexts.
Typical aggravating factors include: previous relevant convictions; premeditation or significant planning; use of a weapon; targeting or abuse of a position of trust; offending in company; offences against or in the presence of children or vulnerable victims; commission while on bail; attempts to conceal evidence or obstruct justice; and high levels of injury, loss or community impact.
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View the related News about Aggravating factor
NEWS
PECR penalties: UK FTT confirms affiliate ‘instigation’, rejects deliberate breach, recalculates MPN and clarifies cooperation/aggravation—Monetise Media v Information Commissioner
Monetise Media Ltd v Information Commissioner [2024] UKFTT 959 (GRC) What are the practical implications of this case? This ruling offers clear guidance for advisers on PECR risk management and the Commissioner’s likely stance when a breach is alleged. Although the DPA 1998 applied at the material time, the insights below remain a helpful reference for penalty decisions under the Data Protection Act 2018: The FTT confirms that a company can commit a serious PECR infringement through third parties and affiliate marketing, even without direct control over customer databases or the marketing content. Familiarity with the relevant, in-force guidance at the point of any alleged PECR breach is crucial, as both the Commissioner and the FTT will afford it considerable weight during enforcement or on appeal. The decision highlights that the Commissioner will evaluate a business’s conduct during the investigation, and may treat unhelpful engagement as an aggravating factor that increases the penalty. Collectively, these points provide a practical framework...
18 November
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View the related Practice Notes about Aggravating factor
PRACTICE NOTES
FCA informal requests: advising on voluntary disclosure, internal investigations, privilege, interviews under caution and witness statements (UK)
The Financial Services Enforcement Database The Financial Services Enforcement Database holds comprehensive details of all substantive FCA and PRA Final Notices and, where available, Decision Notices, from 2014 onwards. The Database can be searched and filtered by: rule breach keyword sector date seriousness aggravating and mitigating factors financial penalty other actions, including referrals to the Upper Tribunal The Financial Conduct Authority (FCA) has a range of powers (see sections 97, 131E, 131F, 165–169, 171–173, 175, 176 and 284 of the Financial Services and Markets Act 2000 (FSMA 2000)) to gather information, appoint investigators, and require a skilled persons report (FSMA 2000, s 166). In each situation, the FCA selects the combination of powers it deems most appropriate. For reasons of fairness, transparency and efficiency, it will usually use formal statutory powers to obtain documents and/or information. However, where compelled information-gathering would be inappropriate, the FCA may instead invite a person to provide information or documents...
21 May
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