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BPTC Law Notes BPTC Criminal Litigation Notes

Custodial Sentences Notes

Updated Custodial Sentences Notes

BPTC Criminal Litigation Notes

BPTC Criminal Litigation

Approximately 1169 pages

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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. ID starting point

    2. take into account mitigating / aggravating factors

    3. specify minimum term appropriate to seriousness

    4. deduct:

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

      2. 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

    • seriousness of offence(s) is exceptionally high AND offender 21+ when committed

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

  • 30 years

    • seriousness of offence(s) particularly high AND offender 18+ when committed

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

  • 25 years

    • 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

    • seriousness NOT exceptionally / particularly high AND offender 18+ when committed AND no weapon

  • 12 years

    • 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:

    • absolute / conditional discharges do NOT count

    • youth convictions do count

  • if requirements met, both = indictment only

  • early guilty plea: up to 20%

  • can make hospital order

  • burglary

    • must impose minimum 3 years' imprisonment (unless particular circumstances relating to the offence OR offender make it unjust to do so) if:

      1. 18+ when committed

      2. 2+ domestic burglary pre-cons when committed

      3. all burglaries committed on / after 1 Dec 1999

      4. offender convicted of first domestic burglary before committing second

  • class A drugs trafficking

    • must impose minimum 7 years' imprisonment (unless particular circumstances relating to the offence OR offender make it unjust to do so) if:

  1. 18+ when committed

  2. current offence committed on / after 1 Oct 1997

  3. 2+ separate class A drug trafficking pre-cons when committed

    • 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):

    • 18+ when committed: minimum 5 years' (in young offender institution if U21)

    • 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

    • specified offence = listed in sch 15 CJA 2003 (2+ years' imprisonment)

    • serious (specified) offence = listed in sch 15 AND punishable for 18+ by life / 10+ years

  • main sch 15 offences

    • 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.)

    • sexual offences: rape, sexual assault, assault by penetration, causing person to engage in sexual activity without consent (or aiding, abetting etc.)

  • assessing dangerousness

    • the test

      • significant risk to members of public of serious harm occasioned by commission of further offences

    • the assessment (based on PSR, pre-cons, psychiatric report)

      • court must take into account all available info about nature + circumstances of the offence

      • court may take into account:

        • pre-cons

        • pattern of behaviour

        • info about the offender

        • youths: level of maturity + that young offenders may develop in shorter time than adults (R v Lang)

Life sentences for dangerous offenders (s225 CJA 2003)

  • court must impose life sentence if:

  1. D 18+ convicted of "serious specified offence" (sch 15)

  2. offence punishable with life imprisonment

  3. seriousness of offence(s) justify life imprisonment i.e. high culpability, grave offence (Kehoe)

  4. dangerous: significant risk to public of serious harm by D committing further specified offences

  • court must fix minimum term, before which D eligible for parole

  • offender on licence for rest of life

Extended sentences (s226A CJA 2003)

  • extended sentence =

    • appropriate custodial term

      • normal sentence had it not required an extension

      • 2+ specified offences: impose term of 4 years to reflect seriousness of all

------- PLUS --------

  • extension period

    • = as long as court thinks necessary to protect public from serious harm by D committing further specified offences

    • offender on licence

    • specified violent offence: up to 5 years

    • specified sexual offence: up to 8 years

  • total = up to max sentence for offence

  • when can an extended sentence be imposed?

    • court may impose extended sentence if:

  1. D 18+ convicted of "specified offence" (sch 15)

  2. either

    1. offender convicted of sch 15B offence before committing latest offence; OR

    2. ...

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