Sentence and prison law

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Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other...
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Produced in partnership with 25 Bedford Row 12th Jan
Practice notes
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Nov
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 12th Jan
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
Voluntary bill of indictmentAn indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High...
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9th Nov
Practice notes
The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...
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9th Nov
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
Practice notes
Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...
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9th Nov
Practice notes
Civil investigation of tax fraudHMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal...
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Produced in partnership with Corker Binning 12th Jan
Practice notes
Forthcoming Change: The Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice have been updated and reissued but are not yet in...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 12th Jan
Practice notes
When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...
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Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov

Most recent Sentence and prison law content

Practice notes
Parole Board recommendations for licence conditionsWhen directing a life sentence or imprisonment for public protection (IPP) prisoner’s release the...
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Produced in partnership with Andrew Sperling of SL5 Legal 16th Apr
Q&As
Legislative references to the power of a magistrates’ court to impose a sentence of imprisonment of up to 12 months on summary conviction can lead to...
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15th Apr
Practice notes
The procedural rules relating to the criminal courts’ powers to make compensation orders are contained in sections 133 to 146 of the Sentencing Act...
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9th Apr
Practice notes
Once a defendant has been convicted of a criminal offence by a criminal court in England and Wales, the court will move to consider what sentence...
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9th Apr
Practice notes
Why were the rules on rehabilitation of offenders changed?The Rehabilitation of Offenders Act 1974 (ROA 1974) was brought into force to support the...
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9th Apr
Practice notes
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as...
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9th Apr
Practice notes
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as...
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9th Apr
Practice notes
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...
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9th Apr
Practice notes
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a...
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9th Apr
Practice notes
The Health and Safety at Work etc Act 1974 (HSWA 1974) applies to employers and self employed persons.The Sentencing Council (SC) produces guidance on...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 9th Apr
Practice notes
Orders for costs against legal representativesUnder section 19A(1) of the Prosecution of Offences Act 1985 (POA 1985), the Court of Appeal, Crown...
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9th Apr
Practice notes
Statutory FunctionsThe parole board is a corporate body required to advise the Secretary of State in relation to any matter referred to it concerning...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 9th Apr
Practice notes
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as...
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9th Apr
Practice notes
Driving disqualification for any offenceWhere the Crown Court or a magistrates’ court convicts an offender of any offence it may, instead of or in...
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9th Apr
Practice notes
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as...
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Produced in partnership with Will Glover and Angharad Hughes of 3 Temple Gardens 9th Apr
Practice notes
This Practice Note reviews the parts of the Sentencing Council’s offence-specific guidelines which are used by the magistrates’ courts and Crown...
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Produced in partnership with Richard Heller of Drystone Chambers 9th Apr
Practice notes
The Sentencing Council has published an offence-specific sentencing guideline for corporate manslaughter which, pursuant to section 59 of the...
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9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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9th Apr
Practice notes
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...
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9th Apr
Practice notes
This Practice Note explains the scope and purpose of the Sentencing Code which was created by the Sentencing Act 2020 and which, from 1 December 2020,...
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9th Apr

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