Sentencing powers

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Practice notes
The offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An assault is committed when...
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9th Nov
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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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 right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...
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9th Nov
Practice notes
What is a remedial action notice?A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local...
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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
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...
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9th Nov
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 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
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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9th Nov
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
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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Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 12th Jan

Most recent Sentencing powers content

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
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
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
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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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
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
Gross negligence manslaughter is a common law offence and occurs when the offender:•is in breach of a duty of care towards the victim•the breach...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 9th Apr
Practice notes
The Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific sentencing guidelines for...
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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 key provisions relating to the imposition of fines following conviction are found in sections 118 to 132 of the Sentencing Act 2020 (SA 2020)...
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9th Apr
Practice notes
The Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by...
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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
ARCHIVED: This Practice Note has been archived and is not maintained. For information on trials of children and young people, see: Trial of Children...
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9th Apr

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