In 2007, the Prison Reform Trust published a paper on the role of personal factors in sentencing. The research identifed the following mitigating factors cited by sentencers as affecting sentence.
1. The criminal act
- Lack of seriousness/impact of offence
- Played minor role in relation to others
- Received ‘rough justice’ during criminal act
2. Immediate circumstances of the offence
- Acted under pressure from/on behalf of others
- Provocation/threat
- Highly emotional/distressed
- Lack of understanding of offence
- Spontaneous/opportunistic offence
- No intention to cause harm
- Offence was ‘error of judgement’
3. Wider circumstances at time of the offence
- Youth
- Difficult family/social circumstances
- Financial pressures
- Social / intellectual limitations
- Pressing personal or family need
- Vulnerable/immature/naïve
- Psychiatric illness/problems
4. Response to offence and prosecution
- Remorse (and efforts at reparation)
- Faced up to/understands criminal behaviour
- Has been addressing problems since arrest
- Co-operation with authorities
- Letter from defendant to court
- Court processes stressful and/or long-running
- Has lost job and reputation
- Defendant represented himself well
- Serious demeanour in court
- Supportive attitude of victim
5. Defendant’s past
- Good character or limited/irrelevant/gap in previous offending
- Difficult/deprived background
- Has led a productive/worthwhile life
- Has shown a general improvement in behaviour
- Offence uncharacteristic/’let yourself down’
- Engaged well with previous community punishment
6. Defendant’s present and future
- Family responsibilities
- Can address/is addressing drug problems
- Unlikely to reoffend/cause harm (general point)
- Prison will not benefit defendant and/or the public
- Supportive family/partner
- Currently in work/training or prospects of work/training
- Can address/is addressing alcohol problems
- Can or may make amends for offending behaviour
- Is a capable person
- Letters of recommendation
- Age (older)
- Physical illness/disability
- Non-English speaking (therefore prison would be especially difficult)
7. Proportionality and consistency
- Need to avoid over-long custodial sentence
- Consistency with co-defendants
- Has effectively spent time on curfew order (on bail)
- Has spent time in hospital since offence
- Totality principle