Sentencing powers

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Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
Practice notes
The offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the...
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9th Nov
Practice notes
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
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9th Nov
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
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
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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9th Nov
Practice notes
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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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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Produced in partnership with Leon Kazakos QC of 2 Hare Court 9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 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
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 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 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 9th Nov
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 9th Nov

Most recent Sentencing powers content

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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25th Nov
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 25th Nov
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 25th Nov
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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25th Nov
Practice notes
The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales...
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Produced in partnership with Christopher Badger of 6 Pump Court 25th Nov
Practice notes
This Practice Note considers spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974). It also considers...
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Produced in partnership with Will Glover and Angharad Hughes of 3 Temple Gardens 25th Nov
Practice notes
The Offenders Rehabilitation Act 2014 (ORA 2014) introduces changes to the release arrangements for adult offenders serving custodial sentences of...
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25th Nov
Practice notes
Revocation for breach of community orderUnder the Criminal Justice Act 2003 (CJA 2003) a Crown Court or magistrates' court has the power to revoke a...
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25th Nov
Practice notes
Determinate sentences of imprisonmentA determinate sentence of imprisonment is a fixed term of imprisonment. An offender with a determinate sentence...
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25th Nov
Practice notes
This Practice Note provides an introduction to the Sentencing Council’s General Guideline—overarching principles (the General guideline), which should...
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23rd Nov
Practice notes
The Sentencing Council (SC) of England and Wales is empowered by section 120 of the Coroners and Justice Act 2009 (CJA 2009) to develop and produce...
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23rd Nov
Practice notes
The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales...
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Produced in partnership with Christopher Badger of 6 Pump Court 20th Nov
Practice notes
Sentencing corporate offendersThe Sentencing Council (SC), whose role it is to issue sentencing guidelines (see Practice Note: Sentencing—Sentencing...
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16th Nov
Practice notes
Breach of a community orderSchedule 8, Part 2 of the Criminal Justice Act 2003 (CJA 2003) governs to what happens if there is a breach of a 'community...
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16th 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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16th Nov
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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16th Nov
Practice notes
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...
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16th Nov
Practice notes
Victim personal statements—guidanceGuidance on the making, form and use of a victim personal statement (VPS), sometimes referred to as a victim impact...
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16th Nov
Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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16th Oct

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