CUSTODIAL SENTENCES – THE THINGS A CRIMINAL PRACTITIONER SHOULD KNOW  

HELLO AND WELCOME TO YOU ALL – THE MONTHLY 1-HOUR ZOOM PRESENTATIONS IN 2020 AND 2021 HAVE PROVEN SO POPULAR THAT WE ARE GOING TO EXPERIMENT IN 2022 AND WILL PROVIDE 2 PRESENTATIONS PER MONTH

The second of this month’s 2 presentations will be on Thursday, 24th February and will consider all aspects of the criminal law in relation to custodial sentences.

Clients have an expectation that you already know everything that will be said during this presentation but it does no harm occasionally to have a refresher. Have a glance at the 20 issues under consideration and see whether or not there are any gaps in your knowledge that just might benefit………….

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The following 20 issues will be considered:

1 – Detention and Training Orders in both the Youth Court and the Crown Court under the Sentencing Code 2020

2 – Detention in a Young Offender Institution in both the Adult Magistrates’ Court and the Crown Court under the Sentencing Code 2020

3 – Imprisonment in both the Adult Magistrates’ Court and the Crown Court under the Sentencing Code 2020

4 – Custodial sentences which can be suspended and custodial sentences which cannot be suspended under the Sentencing Code 2020

5 – The possibility of the imposition of a custodial sentence under the ‘3 strikes’ rule

6 – The possibility of the imposition of a custodial sentence under the ‘2 strikes’ rule

7 – Reduction in the length of the sentence to reflect the guilty plea – different principles apply when sentencing for a number of summary-only offences as opposed to either-way or indictable

8 – Reduction in the length of the sentence to reflect time spent on remand or time spent subject to a Qualifying Curfew – different principles apply as between Adults and Youths

9 – The circumstances in which a pre-sentence report MUST be obtained before the imposition of a custodial sentence and the circumstances in which a pre-sentence report MAY be obtained before the imposition of a custodial sentence

10 – One day’s detention in default and one day’s detention for the offence itself – these are not deemed to be custodial sentences

11 – Custodial sentences that may be imposed at the Crown Court upon both Adults and Youths under the Dangerous Offender provisions of the Criminal Justice Act 2003 and the Sentencing Code 2020

12 – Custodial sentences for Adults at the Crown Court in relation to ‘Offenders of Particular Concern’ – the Sentencing Code 2020 is already out of date and one must look to the Counter-Terrorism and Sentencing Act 2021

13 – The release provisions of Determinate Sentence prisoners under the Offender Rehabilitation Act 2014

14 – Appealing the severity of a custodial sentence from the Magistrates’ Court to the Crown Court and from the Crown Court to the Court of Appeal (Criminal Division) – the sentencing powers available to these Courts

15 – Custodial sentences and rehabilitation periods under the Rehabilitation of Offenders Act 1974 as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012

16 – The position on credit for a guilty plea following the imposition of a custodial sentence under a ‘strikes’ rule

17 – Detention in the Crown Court upon Youths under Section 250 of the Sentencing Code 2020 – the pre-requisites in the Crown Court before such an order can be imposed

18 – Detention and Training Orders – the changes coming your way in this area of law

19 – Custodial sentences and the possibility of early release under the Home Detention Curfew Scheme (HDCS)

20 – The imposition of both a custodial sentence and a term of disqualification from driving under the Sentencing Code 2020