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Custodial Sentences Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Custodial Sentences notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CUSTODIAL SENTENCES RELEASE ON LICENCE

? sentences of 12+ months (except dangerous offenders + life sentence prisoners separate provision) must be released on license after serving half of sentence MURDER (CJA 2003 s269)

? person aged 18+ on date of conviction AND commission must be sentenced to life imprisonment (unless under 18 when offence committed)

? early release provisions apply after serving specified part of sentence (unless 21+ and "whole life order" must be made)

? procedure (1) (2) (3) (4)

ID starting point take into account mitigating / aggravating factors specify minimum term appropriate to seriousness deduct:

(a) days spend in remand (unless days wouldn't count if sentence had been indeterminate); or

(b) time spent on bail subject to curfew (if CJA s240A / Crim Justice and Immigration Act 2009 sch 6 would've applied)

(5) on passing sentence, must state reasons and starting point with reasons and reasons for departure in open court Starting points

? whole life sentence o seriousness of offence(s) is exceptionally high AND offender 21+ when committed

o usually exceptionally high e.g multiple sadistic / sexual murder, sexual /
sadistic child murder, murder pre-con

? 30 years o seriousness of offence(s) particularly high AND offender 18+ when committed

o usually particularly high e.g. multiple murder, sexual / sadistic murder, murder of police

? 25 years o seriousness of offence(s) is NOT exceptionally / particularly high AND offender 18+ when committed AND took weapon to scene and used it to commit the murder

? 15 years N.B. = starting point for offenders aged 18-20 o seriousness NOT exceptionally / particularly high AND offender 18+ when committed AND no weapon

? 12 years o offender under 18 when committed MANDATORY MINIMUM SENTENCES

Third domestic burglary OR class A drugs trafficking (PCC(S)A 2000 s111, 112)

? if prescribed sentence NOT imposed, state why in open court
? pre-cons: o absolute / conditional discharges do NOT count o youth convictions do count
? if requirements met, both = indictment only
? early guilty plea: up to 20%
? can make hospital order
? burglary o must impose minimum 3 years' imprisonment (unless particular circumstances relating to the offence OR offender make it unjust to do so) if:

(a) (b) (c) (d)

18+ when committed 2+ domestic burglary pre-cons when committed all burglaries committed on / after 1 Dec 1999 offender convicted of first domestic burglary before committing second

? class A drugs trafficking o must impose minimum 7 years' imprisonment (unless particular circumstances relating to the offence OR offender make it unjust to do so) if:

(a) 18+ when committed (b) current offence committed on / after 1 Oct 1997 (c) 2+ separate class A drug trafficking pre-cons when committed o drug trafficking = production, supply, possession with intent, importation, exportation etc. Possession of a prohibited weapon etc. (Firearms Act 1968 s51A)

? must impose (unless exceptional circumstances relating to the offence OR offender make it unjust to do so):

o 18+ when committed: minimum 5 years' (in young offender institution if U21) o 16 or 17 when committed: minimum 3 years' in young offender institution
? no reduction for G plea if reduces sentence below minimum term

DANGEROUS OFFENDERS

? definitions o specified offence = listed in sch 15 CJA 2003 (2+ years' imprisonment) o serious (specified) offence = listed in sch 15 AND punishable for 18+ by life / 10+ years

? main sch 15 offences o violent offences: manslaughter, kidnapping, false imprisonment, ABH, GBH, conspiracy to murder, burglary with intent to inflict GBH / do unlawful damage, arson (or aiding, abetting etc.)

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