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) 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

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

Scope of Parole Board decisions The Parole Board makes decisions on: • the release of life and indeterminate sentence prisoners • the transfer of such prisoners to open...

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...

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

STOP PRESS: The Sentencing Council has published offence specific guidelines for courts sentencing offences previously covered by a Definitive Guideline....

Practice Note

The scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: European Convention of Human Rights 'Everyone...

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