Tag: Sentencing
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.
Court of Appeal judgment on sentencing children using adult guidelines
The Court of Appeal clarified the correct approach to calculating a custodial sentence when sentencing children and young people, where regard is to be had to adult sentencing guidelines.
Court of Appeal judgment on reducing sentence following a late stage guilty plea
R v Reid Yaanan Gabriel Raphael, Shannon Louise Roberts [2019] EWCA Crim 2346 The Court of Appeal clarified the correct approach to reducing a sentence following a guilty plea and Newton hearing. Details The two appellants, aged 19 and 21, pleaded guilty to two offences; conspiracy to rob and conspiracy to carry an imitation firearm […]
A worrying Court of Appeal Judgment for children facing custody
The Court of Appeal upheld an immediate custodial sentence of two years for an 18-year-old, who was 15 to 16 at the time of offences relating to the supply of Class A drugs within a county lines context.
Court of Appeal judgment on the passage of time between offence and sentence
The Court of Appeal considered the relevance of age and the long delay between the commission of the offences and sentencing.
Court of Appeal judgment on mental health conditions which affect maturity
The Court of Appeal reduced a 13 year old's custodial sentence as not enough weight was attached to the fact that his ADHD and ASD contributed to his functioning at a lower level than an average 13 year old.
Court of Appeal judgement on credit for youth and immaturity
This case is an example of the courts considering maturity as well as chronological age and also of significant credit being given for youth despite the appellant being close to his eighteenth birthday.
Briefing on children, knife crime and the impact of custody
The College of Policing briefing is a summary of evidence on factors associated with carrying knives, as well as strategies and interventions to tackle knife crime. It aims to inform decisions about approaches to tackling knife crime.