Tag: Sentencing
The sentencing of young adults: a distinct group requiring a distinct approach
This article in the Criminal Law Review describes the growing legal consensus that young adults are a distinct group who require a distinct approach to sentencing, as shown by the emerging caselaw and guidance from the Sentencing Council.
Magistrates’ Association Maturity Report – a better understanding of maturity is needed
The Magistrates’ Association recently published a report of the findings of research into the consideration of maturity as a factor in decisions made in the magistrates’ courts. The overarching finding was that the issue of maturity is not often raised in magistrates’ courts.
An unsuccessful AG reference demonstrates that departing from sentencing guidelines should be rare
The Court of Appeal refused to refer sentences as unduly lenient of 3 child defendants convicted of manslaughter of a police officer.
The ‘cliff edge’ of turning 18 and disparity of sentences with younger co-defendants
A Court of Appeal case on turning 18 and disparity of sentence with younger co-defendants
New Sentencing Guidelines for Firearms Offences Published
The Sentencing Council has published eight new guidelines to be used by the Courts in England and Wales when sentencing firearms offences under the Firearms Act 1968.
The Sentencing Council’s Sentencing Children and Young People Definitive Guideline – has it achieved its aims?
The Sentencing Council recently published a report assessing the impact of the Sentencing Children and Young People Definitive Guideline (“the Guideline”). The Guideline came into force on 1 June 2017 to replace the previous guidance, Overarching Principles: Sentencing Youths.
The Sentencing Code 2020: A new era of simpler sentencing procedure
The Sentencing Code comes into force on 1 December 2020. The Code is intended to be a single point of reference for the procedural law considered by courts when sentencing. It is hoped that this will bring clarity to the legislative sentencing framework for children.
R v CW: A Court of Appeal judgment on age, delay dangerousness and sentence
The Court of Appeal reduced the appellant’s sentence on the basis that the alienation of a young person from society through an extended sentence should be avoided where possible.
A briefing on turning 18 in the criminal justice system
This briefing analyses the inequities that arise for children who turn 18 between offence and prosecution and makes proposals for policy and practice reform.
Sentencing Council statement on the application of sentencing principles during Covid-19
The Sentencing Council have issued a statement on the application of the sentencing principles during the Covid-19 emergency. Lawyers representing children can properly take into account conditions in prison as a relevant factor when mitigating and applying the sentencing council guidelines to a case.
Court of Appeal judgment on the relevance of Coronavirus to sentencing – R v Manning
The Court of Appeal has confirmed that the impact of the Coronavirus epidemic on provision for prisoners can be a relevant factor when sentencing a defendant.
Court of Appeal judgment on sentencing children affected by mental health conditions
This Court of Appeal judgment clarified how and when mental health conditions can affect sentencing children.