Sentences and the power to vary a sentence

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Sentences and the power to vary a sentence
  • Community sentences
  • Custodial sentences
  • Time on remand
  • Suspended sentence order
  • Activation of a suspended prison sentence
  • Absolute and conditional discharge
  • Financial penalties imposed on conviction
  • Variation of sentence under the slip rule
  • Varying a sentence in the magistrates’ court
  • More...

Sentences and the power to vary a sentence

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular, the Court of Appeal in R v Manning (a reference by the Attorney General on the basis that a sentence imposed in February 2020 for sexual offences was unduly lenient), the court considered the impact of the coronavirus pandemic on sentencing. It held that, as part taking in account the likely impact of a custodial sentence upon an offender and, where appropriate, upon others, judges and magistrates should keep in mind that the impact of a custodial sentence is likely to be heavier during the coronavirus emergency than it would otherwise be. On this basis, while increasing the custodial term, the court did not interfere with the decision of the court below to suspend the sentence. For updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Coronavirus (COVID-19) toolkit.

This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.

This Practice Note provides an overview

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