Sentencing powers

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Practice notes
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
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19th May
Practice notes
Breach of bankruptcy restriction orderBankruptcy restrictionsFollowing an order for bankruptcy, the bankrupt person is prohibited form a number...
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19th May
Practice notes
Intentional harassment, alarm or distressThis Practice Note explains the offence of causing intentional harassment, alarm or distress contrary to...
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19th May
Practice notes
Procedure during a Crown Court trial—arraignment, trial requirements and evidenceCoronavirus (COVID-19): This Practice Note contains guidance impacted...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 19th May
Practice notes
Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other...
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19th May
Practice notes
Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE...
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19th May
Practice notes
Indecent images of childrenThe criminal offencesThe Protection of Children Act 1978 (PCA 1978), the Criminal Justice Act 1988 (CJA 1988) and the...
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19th May
Practice notes
Possession of controlled drugsElements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in...
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19th May
Practice notes
Dangerous drivingThe offence of dangerous drivingDangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
NMC Fitness to Practise Hearings—the impairment stageCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes
Reporting restrictions in criminal casesGuide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Excluding evidence of bad characterExcluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Commencing criminal proceedings—applying for the issue of a summonsAll criminal cases begin in the magistrates' court however serious the offence....
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19th May
Practice notes
Application to dismissApplication to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after...
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19th May
Practice notes
Custody time limitsCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In...
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19th May
Practice notes
Is an arrest necessary?Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself...
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19th May

Most recent Sentencing powers content

Q&As
What is the penalty the magistrates court can impose on summary conviction for breaching section 33 of the Environmental Protection Act...
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1st Aug
Q&As
What impact does the bringing of an appeal against conviction have on a fine imposed by way of sentence? Does the offender have to pay the fine...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug
Q&As
What guidance have the courts recently given on the sentences to be imposed on offenders found guilty of handling stolen goods?Handling stolen...
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31st Jul
Q&As
If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record?As was noted in Phonographic...
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Produced in partnership with David Gardner of No 5 Chambers 31st Jul
Q&As
When does a youth caution become spent?If a conviction or caution has become spent, for most purposes the offender is treated as having never...
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31st Jul
Q&As
Can a youth receive a referral order for an offence of dangerous cycling in the magistrates’ court?Basis of a referral orderA court is able to make a...
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31st Jul
Practice notes
Duty to give reasons for and explain the effect of a sentenceThis Practice Note reflects the procedural code for sentencing offenders in England and...
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30th Jul
Practice notes
Sentences and the power to vary a sentenceCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the...
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30th Jul
Practice notes
Supervision of offenders post sentenceSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the...
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30th Jul
Practice notes
Sentencing dangerous offendersThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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30th Jul
Practice notes
Receiving credit for and review of sentence following assistance given or withheld by the defendantThis Practice Note reflects the procedural code for...
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30th Jul
Practice notes
Young offenders and the criminal justice system [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For information on...
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30th Jul
Practice notes
Sentencing Council General Guideline—Overarching PrinciplesThis Practice Note reflects the procedural code for sentencing offenders in England and...
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30th Jul
Practice notes
Sentencing guidelines for sexual offencesThe Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of...
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30th Jul
Practice notes
Custodial sentences available for adult offendersThis Practice Note reflects the procedural code for sentencing offenders in England and Wales...
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30th Jul
Practice notes
Sentencing guidelines for corporate offendersSentencing corporate offendersThe Sentencing Council (SC), whose role it is to issue sentencing...
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30th Jul
Practice notes
Sentencing individuals for food safety and food hygiene offencesThis Practice Note reviews the parts of the Sentencing Council’s offence-specific...
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Produced in partnership with Richard Heller of Drystone Chambers 30th Jul
Practice notes
Committal for sentenceSummary of magistrates’ powers to commitA magistrates' court does not have power to impose a sentence of imprisonment or...
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30th Jul

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