An overview of the new senecting guidelines relating to breach of court orders, implemented on 1st October 2018
Issued on 1st October 2018, the Sentencing Council’s new sentencing guidelines represent the first time that the courts have received “clear guidance on what action should be taken against those offenders who ignore court orders” with a view to ensuring that such offenders are “dealt with robustly and consistently”.
The new guidelines apply to offenders who have not complied with a wide range of orders such as suspended sentence orders, community orders, restraining orders and sexual harm prevention orders, and are a direct response to an upward trend which is making committal for sentence a more common outcome. The presumption of activation for suspended sentences is also strengthened.
It is imperative that criminal practitioners are familiar with these guidelines; not only do they closely reflect legislation, they ensure that if an offender breaches a court order, an appropriate penalty, determined in according to the seriousness of the breach, can be imposed.
Delivered by solicitor-advocate and part time district Judge Olwen Davies, this bite-size webinar is ideal for charging lawyers, prosecutors who deal with allocation and sentence, defence advocates and those who advise on sentence in other roles.
During this session Olwen will examine what the appropriate court response to breaches as outlined within the new guidelines and how the court are encouraged to assess the seriousness of any breach by considering the extent to which the offender kept to the terms of their order and how deliberate any breach of the order has been.
For those wishing to consolidate their knowledge regarding the new sentencing guidelines for breach of court order offences, an optional problem-scenario is included and should be attempted once the webinar has been viewed in full.
Do you want to continue your session?