The offences that attract the minimum mandatory sentence are triable only on indictment Section Criminal Justice Act also amends Schedule 6 to the Firearms Act They should therefore be sent to the Crown Court for trial. The youth court has no jurisdiction to try such cases s.
Where the defence indicate that there is a challenge to a qualifying conviction under the Act, the court should be advised and the case adjourned. If the dispute turns on whether a previous conviction qualifies e. Under Section Powers of Criminal Courts Sentencing Act , the Crown Court has the power to vary or to rescind a sentence or other order imposed within 56 days of the date on which it was made. The usual reason for altering the sentence is that further information relevant to the sentence has become available to the court; or the court has overlooked some statutory provisions limiting its powers; or the sentence is found to take effect in an unexpected manner.
The Unduly Lenient Sentence ULS regime should not be used when it is more appropriate to apply the 56 day slip rule to correct an unlawful sentence. For example, when a mandatory order has been omitted or a mandatory minimum sentence or term has not been applied.
However, in such cases, CPS Areas should ensure that the court addresses the error under the slip rule well within 28 days of sentence. This is in order to ensure that the possibility of a ULS reference within the 28 day time limit remains open in the event that the court declines to alter the sentence under the slip rule. If the sentence is correct in law then the proper approach is to consider whether the criteria for referring the case as an unduly lenient sentence are met.
R v Hart [] 5 Cr. In that case, the offender was given a suspended sentence on the basis they were going to live in Italy where they had a job. Later a newspaper reported that they had boasted that the story about Italy had been concocted. It was held that had application been brought within the time limit, then a variation to impose an immediate custodial sentence would have been proper.
Similarly, in R v McLean [] 10 Cr. However, the judge should not decide that false information has been put before the court without a proper inquiry and allowing the offender to give evidence see R v Tout 15 Cr. S 30 CA. Misbehaviour in the dock immediately after the sentence is imposed, by shouting abuse or otherwise should be dealt with as a contempt of court R v Powell 7 Cr.
While there is no power to extend the time limit under s. For more information please see the Unduly Lenient Sentence legal guidance. Both provide that the length of the prison sentence should be reduced by the period spent on remand. Police detention does not fall within the ambit of a remand in custody under Section 2 of the Act.
R v Jonsyn [] EWCA Crim confirmed that the position is that from the beginning of December , courts have not been required to, and ordinarily should not, give any indication as to credit for time spent on remand. The proper approach will be for the court to decide on sentence without reference to any possible effect of administrative crediting of time spent on remand.
This case also held that consecutive sentences cannot both have credit for time spent on remand, otherwise this would be double counting in favour of the defendant and has been abolished by Section ZA 4 of the Criminal Justice Act which provides:. Although crediting remand time towards determinate sentences became an administrative task except where there had already been a direction of the court there is an exception whenever a life sentence, other than a whole life sentence, is imposed.
In those cases the minimum term must be specifically adjusted by the judge to take into account time spent remanded into custody or subject to a qualifying curfew. In relation to life sentences fixed by law in which the minimum term would be adjusted for the time spent on remand the provisions are contained in Section 3 b of the Criminal Justice Act There is a requirement for the sentencing judge to take into account remand time when passing a life sentence that is not fixed by law other than a whole life sentence in accordance with Section 82A 3 b of the Powers of Criminal Courts Sentencing Act A prisoner who is serving an extended sentence under Sections or of the Criminal Justice Act will also be released when they have served one half of the appropriate custodial sentence — Section Criminal Justice Act However, as these provisions came into effect on 4 April , it is important to check the antecedents carefully to determine if the Act or Act applies.
If a person who has been released on licence pursuant to Section of the Act commits further offences during the licence period, they will be prosecuted in the usual way for the new offences.
It is for the Secretary of State to decide what action is to be taken in respect of the breach of licence. A person whose licence has been revoked is unlawfully at large until they surrender or are arrested: Section 6. Where an offender is brought before the court for breach of a community penalty, there is no power for a CPS prosecuting advocates to prosecute the breach.
Breaches are prosecuted by the probation service or, in the case of curfew orders, the monitoring contractor or lawyers instructed by them. However, once the breach has been proved and the court has determined that the offender falls to be re-sentenced for the original offence, prosecutors are under a duty to present the facts of the original offence and will take over conduct of proceedings.
In order to re-sentence, the prosecuting advocate must provide to the court sufficient information about the original offence and ensure its availability if required. Not only should the prosecution be in a position to put before the court the breach but also the facts of the original offence - at least in outline - together with any relevant information about their co-defendants, their antecedent histories and the sentences passed on them.
The best way is for the CPS to obtain the original file in advance and have it available at court. This is only possible there is advance notice of the breach proceedings. Even then, it is not always easy or practical to locate the relevant file, particularly if the earlier offence is of some antiquity. As an alternative, the necessary information required for re-sentencing can often be found in the pre-sentence report PSR information package that the CPS sent to probation prior to the imposition of the community sentence that is the subject of the breach proceedings.
Probation will also have the necessary evidence from its own sources to prove the actual breach. Alternatively, the CPS could wait until the breach is proved and then seek to obtain the file, but this would necessitate an adjournment in the case, which is undesirable. Whereas with most breaches the probation service can provide details to the prosecuting advocate, where there is a breach of a curfew order, the breach is likely to be prosecuted by the monitoring contractor who will not have had access to the PSR package and so would not be in a position to make it available to the prosecuting advocate at court.
CPS Areas should negotiate their own arrangements with the local Probation Service to resolve the question of how and when the prosecuting advocate obtains the requisite information. This will depend on local conditions, such as the ease of access to original files, the local listing arrangements and the likely levels of co-operation between the organisations involved. Under Powers of Criminal Courts Sentencing Act , Schedule 5 breaches of these orders are dealt with by the person in charge of the order.
The CPS prosecutor is simply required, on conviction, to alert the court to the existence of such an order. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice.
Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. These help them sentence offenders in a consistent way.
Each and every offence and every offender is different but the aim is to make sure that the way in which a judge or magistrate decides the sentence is the same.
There are four main types, the toughest of which is prison. Offenders will normally spend half their sentence in prison, and the rest on licence in the community. For some offenders this will mean wearing an electronic tag which means they are severely restricted in where they can go. If they break the conditions of their licence, they can be sent back to prison for the rest of the sentence.
Community sentences combine rehabilitation with activities carried out in the community, such as unpaid work to remove graffiti or clear up litter, getting treatment for drug addiction or keeping to a curfew. This is not a soft option — offenders can be made to do between 40 and hours of demanding work. Fines are the most common type of sentence and are for less severe offences. The primary concern is conveying to the judge that they are not a risk to the community and that they will not commit another crime in the future.
On the other hand, if the judge is determining the sentence, then we can argue for a lesser sentence than what the prosecutor asked for. There are absolutely things that can be done prior to sentencing that could help the outcome of your case. In the case of domestic assault, there are specific domestic assault programs that the courts generally require.
In the case of substance abuse, they usually require that you have a chemical health evaluation and complete treatment. When dealing with clients who have struggled with mental illness, demonstrating medication compliance and getting notes from doctors regarding the treatment plan is very persuasive.
A mitigating circumstance is something that may reduce your sentence, such as having problems in your personal life that have affected your behaviour. Judges and magistrates use guidelines from the Court of Appeal and the Sentencing Council when deciding what sentences to give. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV.
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