⌚ Sentencing Reform

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Sentencing Reform

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Sentencing Reform, part 1

The courts can make orders which are ancillary to the main sentence. The courts can make an order that the offender pay a sum of money to his victim in compensation. There is a presumption that the court will make an order in an appropriate case since reasons must be given if no order is made. In the event that the offender still has the stolen property the court will make a restitution order for the return of the goods to the victim.

Where an offender who is charged and convicted with a driving offence, the courts have the power to disqualify the offender form driving for a certain length of time, which will depend on the type and severity of the offence. There is a mandatory minimum 12 months for drink-driving offences. For previous drink-driving convictions within the preceding ten years, the minimum period of disqualification is three years. The courts also have the power to disqualify offenders for any offence where a vehicle was used in the commission of the offence, for example using a car to commit burglaries in rural areas. The court can order an offender to be deprived of property he has used to commit an offence.

A person convicted of a drink-driving offence can be deprived of his or her vehicle. The Proceeds of Crime Act [28] also gives the courts the power to take from criminals all profits from a crime up to six years before conviction. The term "young offender" includes all offenders under the age of However, those in the 18 to 21 inclusive age group are generally subject to the provisions of the adult court, although in the case of custody, they are sentenced detention in a young offenders' institute rather than imprisonment. There are considerable variations in the different sentences available for those under 18, under 16, under 14 and under Offenders under 18 are normally dealt with in the youth court.

In a case where a youth is jointly charged with an adult, they will both appear before the adult court, although that court may choose to remit the youth to the youth court for sentencing. A sentence of detention in a young offenders' institution or YOI is available to the court in respect of those between the ages of 15 and 21 years inclusive who have committed imprisonable offences. The relevant provisions are contained in the Criminal Justice Act , which introduced the sentence to replace borstal training. YOI's are managed by the Prison Service. The minimum period of detention is 21 days. This sentence was implemented by the Crime and Disorder Act The sentences will be between four months and two years, with part of the sentence being served in custody and part half under supervision the community.

The "youth offending team" YOT will draw up a plan of supervision which the offender is required to meet upon his release from custody - failure to do so may result in his being brought back to court and returned to detention. Supervision may be under an officer of the YOT, a probation officer or social worker. In cases involving very serious offences, the courts have additional power to order that the offender be detained for longer periods. For those aged between 10 and 13, this power is only available where the crime committed carries a maximum sentence of at least 14 years for adults.

For those aged between 14 and 17, it is also available for causing death by dangerous driving , or for causing death by driving under the influence by drink or drugs. The length imposed by the judge cannot exceed the maximum sentence available for an adult. Offenders aged 10—17 who are convicted of murder must be ordered to be detained during Her Majesty's pleasure. This is an indeterminate sentence which allows the offender to be released when suitable. The judge in the case can recommend a minimum number of years that should be served before release is considered, and the Lord Chief Justice will then set the tariff. If an offender reaches 22 while he or she is still serving the sentence he or she will then be transferred to an adult prison.

Community orders can only be given to young offenders aged 16 and over. The same requirements used for adults can be imposed, including an unpaid work requirement, an activity requirement, a prohibited and a curfew requirement. The only exception is the curfew limit which can be imposed from 10 upwards. Attendance centre orders are only available to offenders aged 10— They involve attendance at a special centre for two hours per week up to a maximum of 36 hours for those aged between 16 and 24, and a maximum of 24 hours those aged 10 to The minimum number of hours is usually 12, but can be less for those aged under The centres used to be run by the police but are now run by the probation service; they are usually held on a Saturday afternoon and will include organized leisure activities and training.

An Attendance centre order cannot be made if the offender has served a period of detention prior to the new offence. Those who are 18 and under can be placed under supervision for a period of up to three years, supervision being provided by one of the following:. Under Section 69 of the Crime and Disorder Act , [31] a new community order called Action Plan Order which the courts can impose on offenders under the age of In the government whitepaper No More Excuses , the government said it was 'intended to be a short to be a short intensive programme of community intervention combining punishment, rehabilitation and reparation to change offending behaviors and further crime'.

The maximum amount that can be fined varies with the age of the young offender. Repartition orders can be imposed on offenders under the age of However, this order cannot be made in combination with a custodial sentence, Community Service order or an Action Plan Order. An order will require the offender to make reparation, as specified in the order, to a person or person who were victims of the offence, or were otherwise affected by it, or to the community at large. The order is for a maximum of 24 hours and the reparation order must be completed under supervision within three months of its imposition.

An order for direct reparation to a victim can only be made with that person's consent. Discharges may be used for defendants of any age, and are commonly used for first-time young offenders who have committed minor crimes. The courts cannot conditionally discharge an offender in the following circumstances:. Reprimands and warnings are not sentences passed by the court, but methods by which the police can deal with offenders without bringing a case to court. For a reprimand or warning to be given, there has to be evidence that a child or young person has committed an offence and admits it. The police must also be satisfied that it would not be in the public interest for the offender to be prosecuted in court.

A reprimand or warning can only be given if the offender has never been convicted of any offence. There is no maximum limit to the number of times that an offender can be 'cautioned' by the police. The first step is the reprimand. This can only be given if the young offender has not been previously reprimanded or warned. Even then, it should not be used where the police officer considers the offence so serious that a warning would be required. Any offender can be warned only if he has not been warned before or if an earlier warning was more than two years before. The child or young offender when warned must be referred to the Youth Offending Team. The YOT will assess the case and, unless it considers it inappropriate to do so, arranges for the offender to participate in a rehabilitation scheme.

If parent of a young offender agree, they can be bound over to keep their child under control for a set period of time up to one year. If a parent unreasonably refuses to be bound over then the court can fine that parent instead. Parents can also be bound over to ensure that a young offender complies with their community sentence order s. Where a young offender under 16 who is fined then the court is required to take the parents financial situation into account in deciding the order. A parenting order is an order under the Crime and Disorder Act Parenting orders are intended to offer training and support to parents to aid changing their children's offending behavior.

Under such an order a parent can be mandated to attend counselling or guidance sessions for up to three months on maximum basis of one session per week. Also, the parent may be required to comply with the conditions imposed by the courts; for example, [33] taking the child to and from school and ensuring an adult supervises the child after school a court may make decide to make a parenting order where:. Parenting orders should only be made if it is desirable in the interest of preventing the conduct which gave rise to the order. There is the presumption that penetrating order will be issued to the parents of those under 16 who are committed of an offence unless it is felt as not desirable if so the court must state why.

The aim of their establishment is to co-ordinate and build co-operation between agencies involved in youth justice and especially the probation service and social services. YOTs are responsible for co-ordination of the prisons of the youth justice service in their area. The composition of such a team must include a probation officer, a police officer, a representative of the local health authority and a person nominated by the chief education officer.

Anyone else who is deem appropriate may joint the task force. The law of England and Wales recognises that, so far as possible, mentally ill defenders should not receive punitive sentences, however, they should receive treatment. The courts have a wide array of power available to them, in addition to the ordinary sentences which can be passed, there are special provisions aimed at treating mentally ill offenders in a suitable manner. The primary additional powers available to the courts are to:give the offender a community sentence, with a requirement that he or she attends for treatment; make a hospital order or to make a restriction order under s.

The details of such treatments can be found in Section Mental health treatment requirement of the Criminal Justice Act A community order requiring treatment of offender will only be made if the court is satisfied that the mental condition is treatable, and that there is no need to make a hospital order. A hospital order will only be made if the condition suffered by the offender make it appropriate that the offender should stay in hospital for the treatment. However, there are some instance where the protection of the public is a key element in issuing a sentence.

Under s 41 of the Mental Health Act [36] offenders who have severe mental health problems, who are considered a danger to the public, can be sent to a secure hospital such as Broadmoor Hospital. These issues can only be done through the Crown Court. The order can be if necessary for an indefinite period of time. If the offender has been issued with an indefinite sentence they can only be released with permission of the Home Secretary or following a hearing of the Mental Health Review Tribunal. In , the Law Commission launched a project led by David Ormerod QC that intends to produce a single "sentencing code" to codify and simplify a complex and confusing set of statutory provisions. From Wikipedia, the free encyclopedia. Parts of this article those related to The Criminal Justice Act need to be updated.

Please help update this article to reflect recent events or newly available information. November Main article: Sentencing Council. Where a person aged 18 or over is convicted of an offence, the court by or before which he is convicted may make an order imposing on him any one or more of the following requirements— a an unpaid work requirement. Main article: Discharge sentencing. Main article: Youth Offending Team. Law portal England portal Wales portal. Retrieved 8 August Parliament, House of Commons Justice Committee. Paragraph Sentencing Council. Retrieved 13 August Justice Committee - Sixth Report. UCL Judicial Institute. Magistrates' Association. Retrieved 14 August Her Majesty's Government.

Retrieved 9 August London: Hodder Arnold. ISBN Retrieved 15 August Powers of Criminal Courts Sentencing Act Retrieved 16 August Retrieved 25 July The Guardian. Health and Safety Executive. HM Prison Service. Retrieved 13 January UK Home Office. Archived from the original on 27 July Retrieved 26 April Law Society Gazette. English criminal law. Lesser included offences Concurrence Ignorantia juris non excusat. Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose. Self-defence Duress Necessity Loss of control Consent inc. Rape Sexual assault Sexual Offences Act Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Harassment, alarm or distress intent aggravates Public Order Act Incitement to ethnic or racial hatred Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a disorderly house Preventing the lawful burial of a body Breach of the peace Rout Forcible entry Accessory legal term Misconduct in a public office Misfeasance in public office Abuse of authority Perjury of oath Dereliction of duty.

Forgery Cheating the public revenue Uttering. English law portal For obsolete aspects see History of English criminal law table. Categories : Sentencing law English criminal law. Hidden categories: Use dmy dates from March Use British English from March Wikipedia articles in need of updating from November All Wikipedia articles in need of updating All articles with unsourced statements Articles with unsourced statements from April Wikipedia articles needing clarification from March Namespaces Article Talk.

Views Read Edit View history. Help Learn to edit Community portal Recent changes Upload file. Amendment by section 55 a , d of Pub. Code Notes prev next. If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section b or c. B the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.

B that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in— i reversal,. If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section b or c of this title, except that in the circumstance described in subparagraph B iv of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence. Except as provided in subsection b of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section , shall— 1 if the person has been sentenced to a term of imprisonment, order that person detained; and.

Added Pub. Editorial Notes. Prior Provisions A prior section , acts June 25, , ch.

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