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BPTC Law Notes BPTC Criminal Litigation Notes

Custodial Sentencing Table Adults And Youths Notes

Updated Custodial Sentencing Table Adults And Youths Notes

BPTC Criminal Litigation Notes

BPTC Criminal Litigation

Approximately 1169 pages

A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...

The following is a more accessible 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:

ADULTS (18+) YOUTHS
SENTENCE Type Test Court Release Type Test Court Release

Mandatory life

sentence fixed by law

only murder

indeterminate sentence

Imprisonment for life

Must impose if O 18+ when committed AND convicted

can only get whole life term if 21+

CC Referred to parole board after minimum term served. Release if custody no longer necessary to protect public. Detention at her majesty's pleasure

Impose if O U21 at date of conviction AND U18 on commission

starting point = 12 years

CC
Custody for life

Impose if O 18+ when committed AND 18-20 when convicted

starting point = 15 years

CC
Minimum fixed term sentences Minimum 7 years for 3rd class A drug trafficking

Must impose if:

  1. O 18 when committed (on / after 1 Oct 1997)

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

  3. O convicted of first trafficking before committed second

CC

Must release on licence after serve half.

Max 20% reduction for G plea.

Minimum 3 years for 3rd domestic burglary

Must impose if:

  1. O 18 when committed

  2. 2+ domestic burglary pre-cons when committed

  3. O convicted of first burglary before committed second

  4. all burglaries on / after 1 Dec 1999

CC

Must release on licence after serve half.

Max 20% reduction for G plea.

Minimum 5 years for certain firearms offences Must impose if D 18+ when committed (unless circumstances relating to offence OR offender make it unjust) CC

Must release on licence after serve half.

No reduction for G plea.

Minimum 3 years for certain firearms offences Must impose if D 16 or 17 when committed (unless circumstances relating to offence OR offender make it unjust) CC Must release on licence after serve half.

Discretionary life sentence

indeterminate sentence

Shall sentence for life if:

  1. O 18-20

  2. NOT murder

  3. 21+ would get life

  4. life appropriate

Unless meets s225 must sentence to life

CC N/A

Detention for life

s91 PCC(S)A 2000

May impose if offence carries life for an adult. CC N/A
ADULTS (18+) YOUTHS
SENTENCE Type Test Court Release Type Test Court Release / Breach

Dangerous offenders

offences committed after 4 April 2005

Discretionary life

s225 CJA 2003

indeterminate sentence

Must impose if:

  1. 18+

  2. convicted of serious specified offence (sch 15)

  3. dangerous

  4. offence carries life

  5. life justified

CC

Must fix minimum term.

Referred to parole board after minimum term served. Release only if custody no longer necessary to protect public.

Discretionary detention for life - under s91 PCC(S)A

s226 CJA 2003

Must impose if:

  1. U18

  2. convicted of serious specified offence (sch 15)

  3. dangerous

  4. offence carries life for adult

  5. life justified

CC

May specify that only become eligible for parole after (usually) half notional determinate term served (i.e. sentence would've got if didn't get life)

Referred to parole board after half notional determinate term. Release only if custody no longer necessary to protect public.

Life for a second listed offence

s224A CJA 2003

indeterminate sentence

Must impose if:

  1. 18+

  2. sentence condition met: would pass at least 10 years but for this section

  3. pre-con condition met: pre-con for sch15B offence AND sentenced to:

    1. life - min term 5+ years

    2. extended - app custodial term 10+ years

    3. imprisonment 10+ years

Unless particular circumstances relating to the offence OR previous sch 15B offence OR offender make it unjust

CC N/A

Extended sentence

s226A CJA 2003

May impose if:

  1. 18+

  2. specified offence (sch 15)

  3. dangerous

  4. sch15B pre-con OR app custodial term 4+ years

  5. NOT required to impose imprisonment for life under s225 / s224A

CC

Automatic release after serving 2/3 of app custodial term.

Unless current offence has app custodial term of 10+ years OR is listed in sch 15B. Referred to parole board at 2/3. Release only if custody no longer necessary to protect public. Must release at end of app custodial term.

Extended sentence

s226B CJA 2003

May impose if:

  1. 18+

  2. specified offence (sch 15)

  3. dangerous

  4. app custodial term 4+ years

  5. NOT required to impose imprisonment for life under s226

CC
ADULTS (18+) YOUTHS
SENTENCE Type Test Court Release Type Test Court Release / Breach
Long-term detention for grave crimes under s91 PCC(S)A

May impose detention (not exceeding that for 18+) if:

  1. 10+

  2. convicted of:

  1. offence 14+ years imprisonment for adult

  2. sexual assault, child sex offence, sexual activity...

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