Law and Rights
Further sections of the Coroners and Justice Act 2010 will come into force on 6th April 2010. These include the requirement that sentencers MUST FOLLOW relevant sentencing guidelines unless the court is satisfied that it would be contrary to the interests of justice to do so (Coroners and Justice Act 2009 s.125). The present requirement is that sentencers must "have regard to" sentencing guidelines (Criminal Justice Act 2003 s172). There is a requirement that a sentencer gives reasons for any departure from the guidelines (2003 Act s.174). It remains to be seen whether the guidelines will have been transformed into tramlines tying the hands of judges and magistrates. The Telegraph 11th March reported that the judges were concerned that the change will result in greater use of custodial sentences.
On 4th October 2010, important changes to the law relating to murder will come into force. The existing partial defences of diminished responsibility and provocation will be abolished and replaced by newly defined defences. Successful use of the new defences would result in a conviction for manslaughter thereby permitting the trial judge to impose a sentence which he considers appropriate. Is this not an area where over rigid guidance might not be desirable given that the detailed facts of these cases are very variable. Guidelines to be of value have to operate in support of the "in the interests of justice"? The Explanatory Note to the Coroners and Justice Act 2009 explains the changes to the law.
- Sentencing Council - New Guideline Document For Sexual Offences
For individuals convicted of sexual offences, a new sentencing guideline document has been issued by the Sentencing Guidelines Council - Guideline. The guideline is issued in accordance with section 120 of the Coroners and Justice Act 2009 and...
- Laspo - Part 3 Chapter 1 - Sentencing
Part 3 of the Legal Aid Sentencing and Punishment of Offenders Act 2012. deals with Sentencing and Punishment of Offenders. Part 3 divides into 9 Chapters which cover a very considerable range of criminal justice issues: 1. Sentencing; 2. Bail;...
- You Be The Judge - Was 56 Days Imprisonment Justified?
Update 30th March - appeal dismissed- see Crown Court sentencing remarks - end of this post It is reported that Liam Stacey - a 21 year old student - was sentenced by a District Judge (Magistrates' Court) to 56 days imprisonment for his "tweets" in...
- Sentencing Council Issues New Guidelines For Assault Offences
English law has a range of "assault offences" which, in a general ascending order of seriousness are: common assault and battery - (common law offences but Criminal Justice Act 1988 s.39 applies) assault occasioning actual bodily harm -...
- The Law Of Murder: Implementation Of Further Reform
For acts or omissions on or after 4th October 2010, there will be changes to the law of murder: see Coroners and Justice Act 2009 Part 2 Chapter 1. The reforms relate to the partial defences to murder of diminished responsibility and provocation. ...
Law and Rights
The Law Changes: Sentencing "tramlines"?
On 4th October 2010, important changes to the law relating to murder will come into force. The existing partial defences of diminished responsibility and provocation will be abolished and replaced by newly defined defences. Successful use of the new defences would result in a conviction for manslaughter thereby permitting the trial judge to impose a sentence which he considers appropriate. Is this not an area where over rigid guidance might not be desirable given that the detailed facts of these cases are very variable. Guidelines to be of value have to operate in support of the "in the interests of justice"? The Explanatory Note to the Coroners and Justice Act 2009 explains the changes to the law.
- Sentencing Council - New Guideline Document For Sexual Offences
For individuals convicted of sexual offences, a new sentencing guideline document has been issued by the Sentencing Guidelines Council - Guideline. The guideline is issued in accordance with section 120 of the Coroners and Justice Act 2009 and...
- Laspo - Part 3 Chapter 1 - Sentencing
Part 3 of the Legal Aid Sentencing and Punishment of Offenders Act 2012. deals with Sentencing and Punishment of Offenders. Part 3 divides into 9 Chapters which cover a very considerable range of criminal justice issues: 1. Sentencing; 2. Bail;...
- You Be The Judge - Was 56 Days Imprisonment Justified?
Update 30th March - appeal dismissed- see Crown Court sentencing remarks - end of this post It is reported that Liam Stacey - a 21 year old student - was sentenced by a District Judge (Magistrates' Court) to 56 days imprisonment for his "tweets" in...
- Sentencing Council Issues New Guidelines For Assault Offences
English law has a range of "assault offences" which, in a general ascending order of seriousness are: common assault and battery - (common law offences but Criminal Justice Act 1988 s.39 applies) assault occasioning actual bodily harm -...
- The Law Of Murder: Implementation Of Further Reform
For acts or omissions on or after 4th October 2010, there will be changes to the law of murder: see Coroners and Justice Act 2009 Part 2 Chapter 1. The reforms relate to the partial defences to murder of diminished responsibility and provocation. ...