CUSTODIAL SENTENCES IN ALL THEIR FORMS IN 2023 – THURSDAY 30TH NOVEMBER 2023 – 16:00 – 17.00: - COST - £75 + VAT
This 1-hour ZOOM presentation by Colin Beaumont will be of benefit to anyone involved in advising clients in this somewhat tricky area of law.
You might be advising as the Court Duty Solicitor, or with an Own Client at the Magistrates’ Court or the Crown Court or you might be advising the client in the office
There is an expectation that advocates are fully familiar with the legalities of custodial sentences – it is really important that your knowledge is sufficient such that you can assist the court when it is proposing to do something unlawful in the area of the imposition of a custodial sentence
The presentation will be accompanied by a full set of notes.
The Presentation will deal with 25 issues and will cover issues often raised in emails to me – 4 classics being:
1 – What is meant by the term ‘persistent offender’? – as you know, an offender must be defined as ‘persistent’ if aged 12, 13 or 14 and the court want to impose a Detention and Training Order
2 – What things should a client be doing to give him/her the very best chance of the custodial sentence being suspended?
3 – The client was 16 upon commission date of the offence but is 18 by the time he is requisitioned to appear in court – how will the different ages affect the consideration of a custodial sentence?
4 – What is the new test under the Police, Crime, Sentencing and Courts Act 2022 whenever the court is mandated to consider the imposition of a minimum sentence?
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) – YOU WILL STILL GET THE FULL SET OF NOTES AND THE RECORDING WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE FROM THE LINK OR AT ANY TIME ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the full set of notes and the recording afterwards without ever attending) should simply click here: mailto: firstname.lastname@example.org or ring me (or send me a text) – (07887) 842985 and book a place.
The following 25 issues will be considered:
1 – Those clients who can be made the subject of a Detention and Training Order and those clients who cannot
2 – Those clients who can be made the subject of Detention in a Young Offender Institution and those clients who cannot
3 – Those clients who can be made the subject of a term of Imprisonment and those clients who cannot
4 – Suspending the sentence – the criteria considered by the court in deciding whether or not this custodial sentence can be the subject of a suspension
5 – All of the examples of where the court has to consider the imposition of a minimum custodial sentence – Youth Court – Adult Magistrates’ Court – Crown Court
6 – The issue of credit when in the realm of minimum custodial sentences – Section 73 of the Sentencing Code 2020
7 – The powers available to the Magistrates’ when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Magistrates’ Court
8 – The powers available to the Magistrates’ when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Crown Court
9 – The powers available to the Crown Court when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Magistrates’ Court
10 – The powers available to the Crown Court when someone has breached a Suspended Sentence of Custody (imprisonment or YOI) made in the Crown Court
11 – Committals for sentence under Sections 14 – 24 of the Sentencing Code 2020
12 – Custodial sentences for ‘Dangerous Offenders’ at the Crown Court
13 – Custodial sentences for ‘Offenders of Particular Concern’ at the Crown Court
14 – Detention for youths under Section 250 of the Sentencing Code 2020
15 – A sentence at the Crown Court of 4 years or more custody for an adult offender (18+) – how long will the client serve and for how long will he or she be on licence?
16 – What are the licence and post-sentence supervision periods under the Offender Rehabilitation Act 2014 when certain custodial sentences are imposed?
17 – The consideration of a recent decision from the Court of Appeal in which they decided that an ABSOLUTE DISCHARGE was the appropriate sentence as regards an offender who had served the sentence already through being remanded in custody during the proceedings
18 – As you know, the test for the imposition of a Community Order is that the offence or offences are ‘serious enough to warrant some form of community penalty’ – the test for the imposition of a Custodial Sentence is that the offence or offences are ‘so serious that nothing other than custody can be justified’ – if the person has wilfully and persistently failed to comply with the terms of their Community Order, would it be possible for the Court to revoke the Order and to re-sentence on the original offence(s) to a term of custody, albeit the original Court which imposed the Community Order did not consider that the offence(s) had reached the threshold test for the imposition of a custodial sentence?
19 – Guidance from the Sentencing Council as to the length of a custodial sentence being imposed upon a youth
20 – The Home Detention Curfew Scheme
21 – The client had been in custody for a considerable length of time before being made the subject of a community sentence in the Adult Magistrates’ Court – the court revokes the order and re-sentences on the original offences – is the client entitled to a reduction in the sentence as regards the time spent remanded in custody before the community sentence was imposed?
22 – The client had been in custody for a considerable length of time before being made the subject of a suspended sentence of custody – the court today activates that earlier suspended sentence with the original term unaltered – is the client entitled to have the days ducted as regards the time spent remanded in custody before the suspended sentence of custody was imposed?
23 – What changes have been made by the Police, Crime, Sentencing and Courts Act 2022 in the area of custodial sentences?, e.g. qualifying curfews
24 – How might crossing a significant age threshold be hugely relevant in the area of custodial sentences?
25 – Minimum and maximum custodial sentences in both the Adult Magistrates Court and the Crown Court
It will be a 1- hour live and interactive session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email the day before the actual presentation and you click on the link. It could not be simpler.
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF
Invoices will be sent out in the days following the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person booking onto the presentation is £75 – if you have attended the presentation, there will be no additional charge for a copy of the recording
If you book onto a presentation you will automatically receive the recording afterwards – there is no need even to make the request – we fully appreciate that things ‘crop up’ and not everyone can make the live presentation, albeit they may have wished to.