Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Mitigating factor definition What does Mitigating factor mean? A mitigating factor is any circumstance that reduces the seriousness of offending or the offender’s personal culpability, so the court may impose a less severe sentence on conviction. Mitigation may concern the offence (limited role, lesser harm, provocation falling short of a defence) or the offender (remorse, no or minor previous convictions, youth or vulnerability, cooperation with authorities, steps towards rehabilitation). An early guilty plea attracts a specific sentence reduction. The term is a descriptive sentencing concept used across criminal courts in the UK and Ireland, guided by legislation and case law rather than a single statutory definition. - England and...
Read More
Sentencing sexual offences: applying Sentencing Council guidelines, including categorisation, starting points, aggravating/mitigating factors, guilty pleas, dangerousness, totality, ancillary orders and historic offences (England and Wales)
Published by a
LexisNexis Corporate Crime expert
Practice notes
The Sentencing Council (SC) issues detailed offence-specific guidance on sentencing for courts in England and Wales, to be applied in both the magistrates’ court and the Crown Court jurisdictions. This Practice Note closely examines how sentencing is approached in cases involving sexual offences. The SC has developed an extensive range of offence-specific guidelines for particular sexual offences. These are available here. There are also specific guidelines explaining how courts in England and Wales should sentence those convicted of Arranging or facilitating sexual offences against a Child. In addition, the SC publishes several important overarching guidelines that must be taken into account in every sentencing exercise, see Practice Note: Sentences imposed following conviction. Among them, the General guideline—overarching principles (the General guideline) is intended to be used alongside offence-specific guidelines and addresses seriousness, together with expanded advice on aggravating and mitigating factors, culpability and harm, see Practice Note: Sentencing Council General Guideline—Overarching Principles—Using the General Guideline in conjunction with offence specific guidelines. For broader information on sentencing, see Practice Notes: Sentencing procedure in the magistrates’ and Crown Courts, Sentences imposed following conviction and Sentencing criminal offences—sentencing guidelines and resources.
When do the sentencing guidelines apply?
The sexual offences guidelines apply to all...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
