Sentence and prison law

Sentence and prison law guidance:

What is an absolute discharge? An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied that it would be...

Practice Note

Revocation for breach of community order Under the Criminal Justice Act 2003 (CJA 2003) a Crown Court or magistrates' court has the power to revoke a community order and...

Practice Note

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) received Royal Assent on 13 March 2014. It has reformed...

Practice Note

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) has reformed the tools available for dealing with...

Practice Note

Breach of a community order Schedule 8, Part 2 of the Criminal Justice Act 2003 (CJA 2003) governs to what happens if there is a breach of a 'community order' imposed by...

Practice Note

Breach of a suspended sentence Schedule 12 of the Criminal Justice Act 2003 (CJA 2003) governs to what happens if an offender fails to comply with a suspended sentence...

Practice Note

Time spent on remand The amount of relevant remand time to be counted towards a prisoner’s sentence must be calculated and applied administratively by the prison and is...

Practice Note

STOP PRESS: This Practice Note is being reviewed in light of recent developments in the process for challenging a preliminary decision of the Parole Board. Scope of...

Practice Note

Collection of fines The collection and enforcement of fines, as well as other financial orders such as prosecution costs, compensation and victim surcharges, is conducted...

Practice Note

Community order requirements Community order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment...

Practice Note

What is compensation? A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which requires the offender...

Practice Note

Basis for giving credit for an early guilty plea The sentencing court is under a statutory duty to take into account the stage in proceedings at which the offender...

Practice Note

A director of a company limited by shares is exposed to a wide range of potential liabilities that could arise as a result of their acts or omissions carried out during...

Practice Note

A disqualification order is made to protect the public from those who, for reasons of dishonesty, naivety or incompetence, abuse their role and status as a director....

Practice Note

Discretionary life sentences A discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment is provided as the...

Practice Note

Driving disqualification for any offence Where the Crown Court or a magistrates’ court convicts an offender of any offence it may, instead of or in addition to dealing...

Practice Note

Duty to follow sentencing guidelines Every court when sentencing an offender is under a duty to follow any sentencing guidelines that are relevant to the offender's case,...

Practice Note

The scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention...

Practice Note

Exceptions to the ROA Under the Rehabilitation of Offenders Act 1974 (ROA 1974) (Exceptions) Order 1975 (the Exceptions Order 1975), SI 1975/1023, there are many...

Practice Note

Exclusion from licensed premises Meaning An order under the Licensed Premises (Exclusion of Certain Persons) Act 1980 (LP(ECP)A 1980) excluding a defendant from licensed...

Practice Note

ARCHIVED: This archived Practice Note is for background information only and is not being maintained. No new financial reporting orders can be made in England, Wales,...

Practice Note

A fine is a penalty imposed either instead of or in addition to any other sentence. A fine can be imposed in the Crown Court or the magistrates’ court and should always...

Practice Note

What is a football banning order? A football banning order is a measure designed to prevent offenders travelling to football matches in England and Wales and abroad. They...

Practice Note

The power of the court to order the forfeiture of property under the PCC(S)A 2000 The Powers of Criminal Courts (Sentencing) Act 2000 is the principal source of the...

Practice Note

Statutory Functions The parole board is a corporate body required to advise the Secretary of State in relation to any matter referred to it concerning the early release...

Practice Note

There are various ways in which a director can be disqualified from acting as a director of a limited liability company. The most common of these is to be disqualified...

Practice Note
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