Important Guidelines Produced by the Sentencing Council

Hello and welcome to this data law presentation. It's one of those 20 minutes by sized Webinars in relation to the guidelines published by Sentencing Council. My name is calling Beaumont. I was for many years a solicitor in private practice before returning to the bar. My profession title, I suppose, now is Barry stuff, although I don't practice anymore. So let's have a look. Shall were what we got by looking at the first slide points. 123 A reduction in sentence for a guilty plea. Definitive guideline. First of June 2000 and 17 If you're no familiar would be sentencing council website, Piece pp Do familiarize yourselves with it lots and lots and lots of important guidelines that being published in the last few years. In addition, of course, to the magistrate called sentencing guidelines, it is very important is an act. Cricket, whether you in the Animal court or the youth court or the crown called that you have a grasp at the guideline sentence. I don't of course, confused guidelines with guidance guidelines have the force of law and should be followed. The reason should be given an open called it a court wants to depart. But my guideline not so calls with guidance that sometimes public by the centers in council on a classic example of that is the guidance in relation to drug driving. It was published by the Center City Council in November 2000 and 16. It doesn't have the force of a guideline, but it's very, very useful, and it really will be read. Meanwhile, back at the reduction in sentence for human deeply, This definitive guideline, First of do 2000 and 17 replaced the former a guidance in relation to credit that the guilty pleas public back in 2000 and seven. He guidance document makes it clear that is relevant where the first appearance is on or after the first of do 2000 and 17. And, of course, it starts up by talking about section 144 of the Criminal Justice Act 2003 which is the section that deals with a credit for her. The indication of guilt. We know that way that in order for the client to get the maximum amount of credit and it can be no more than one the heard, he or she must indicate their guilt at the first visting in the magistrate call, even if the offence is indicted. Believe me now it may be that the client wants to put off his or her play until the appearance of the crown call for That's fine. It's, um, active with a client. We simply have to warn them that they are risk of their 1/3 being reduced to 25%. The document makes it clear that your credit or the second appearance, maybe 25% it might not. It might be a full 1/3 and it might be 25 the same on a sliding scale at possibly down to zero. If you remain your plea during the currency of a crime, I say that you might still get your 1/3. It may well be that you could perhaps persuade the called war persuade the crown cool judge The little the circumstances. It simply wasn't reasonable for him to have entered his guilty plea or to have indicated his guilt. At first we speak. Or it might be that it's a case where the client really needed some guidance from the lawyer. As to the precise nature of the evidence in the case against him at some guidance as to what it is alleged he actually did before he or she can enter. They keep playing on that. Information may not be available at the first listing in the magistrate. Cool. Sometimes you know, a client might want to be not guilty as a means of getting access to the evidence in the case against him. There's nothing wrong with that. The trigger. Forgetting the evidence in the case is a not guilty plea. Having Bean entered in court proceedings. We simply have to warm him or her off ever diminishing credit. But I see no reason why he shouldn't at least say, Well, I want to have a word with you about the evidence in the case before I start indicating or entering guilt and let me say this to the more serious the map turns the ball, I think it's get up appropriate for these matters to be dealt with at the magistrate called Stage preserve the client's position so that defense counsel can have a leaning full chat with the prosecution counsel in the Crown Court. As to the nature of the counts on the indictment. Don't pin your colors to the mast to quickly please Newton hearings. Well, the guidance tells us that if you win a Newton evening, that should be some credit coming your way, possibly ah, heart of that. Which would have bean applicable at the point at which you indicated your given so possibly 1/2 of a third, possibly 1/2 of 25%. Whatever. The guy is also said that it may be less than a how it witnesses needed to be multiple summary of Ensor's. While I'm not sure I like this bit of the guidance, it says that you may be given some credit. It's not a mass, and the credit baby of a modest about when you're beating with multiple summary of the events is so it could be that the client has given two months imprisonment on the first defensive like watch, disqualified with two months consecutive of the second event with two months consecutive off, first making six months in Toto. Goodbye. Where's my credit? The guidance is may not much, and it credit is given. It is to be of a modest amount, so nothing like 1/3. Of course he'd be entitled to a full 1/3. It was booked. One offense. Have driving Monster Squad six months down to four times a guilty plea. Admissions An interview. The sentencing counselor pains to reiterate the point made by the Lord Chief Justice in the case of Caylee, c A, L E Y, Caylee and others. December 2000 and 12. Namely admissions in interview. Nothing to do with Crazy but a powerful piece of mitigation whereby the court might start the centers at a lower starting and from that lower starting point did up whatever credit is applicable, dependent upon the stage of the proceedings, which there was an indication of guilt. Points 4 to 6. Another hugely important set of guidelines. Sentencing Children and young people, overworking principles and event specific guidelines for sexual offenses. Robbery Definitive Guide I'm these guidelines. Article where the first appearances Onal, after first accused 2017 in relation to credit for a guilty plea there were applicable in all other instances for anyone sentenced on or after the first of you. 2000 and seven. Really, really useful guidance document needs to be read. If you're dealing with Children or young people in the youth called the adult court all the crown definition of a persistent bender. You'll find it in that document, they say. A person aged 14 13 or 12 14 or 13 or 12 maybe given detention, training order if he or she is defined by the court as being a persistent defender. And if they're not, you can't get a detention in training order. If you're aged 40 30 there's no detention order for someone aged 10 or 11. They're not in force. And if you are aged 15 you can begin in a detention in training order on your first conviction. You don't need to be persistent. Persistence applies if you're 14 13 or 12. How is it you find? Well? It's defined as a person who has had three findings of you for in presentable offenses, all conditional cautions for incredible offenses, all restorative justice disposals for in presentable offenses within the previous 12 months, useful if you an advocate seeking to persuade a bench of Magistrates that custody is no applicable because he or she is just no persistent procedure on a grave crime. The document makes it clear. First thing you do take a plane. Great crime. Take a play rape, guilty play, then one. Decide whether you're going to sentence in your court or commit to the Crown Court for sentence on the basis that more than two years is warranted on this grave crime. If it's a not guilty, play your ankle for representation. Zahn Venue Where All this case to be trying You could try it in the youth court and commit the sentence after conviction. If you want to. All you can send the matter that stage to the crown called. But the first thing you deal with is you take a please. You then deal with representation Z what they quantum of custody. The document makes it clear that if you're being with someone and sentencing them in their age, 15 to 17 you take the adult kind line 15 to 17 and you apply the appropriate reduction. Possibly are hard to 2/3 of the custodial period that would have been appropriate for an adult. The doctor paints, possibly even less if the offender is 40 will be remember. There are no guidelines in terms of quantum custody. Mitchell good and young people. You take the adult guideline of the adult guideline document and you apply the appropriate reduction. Six. The position of the child or young person appearing in the adult court, jointly charged with an adult. Well, you could have called supplied with severance of the child or young person in order to get your client then remitted, possibly to the youth court. It's unlikely to take place unless your child or young person is willing to enter. Give people, if the court who I'm sure about this, please. That would like to send them in the interest of justice under Section 24 War of the Magistrates Courts Act 1918 which is the severance section for an either way offence. Well, they're like to sever under Section 51 of the Crime and Disorder Act 1998 with just the seven section for undateable matter. They are unlikely to sever if he or she is not willing to indicate guilt at that stage. What they don't want this for the match to go to the crown call for the adult buttle. The witnesses have to attend the crowd called Choir and then the match to go to the Youth Court on DL. The witnesses have to attend the youth called trying as well. But I do have a look at the document. It just gives guidance as to as to how at the Magistrates on to consider the matter of sentence they must also caused have regard to the other guideline allocation and sending in relation to severance. The allocation and sending guidelines were published in March 2000 and six. Another document well worth looking at on the Sentencing Council website appoints 79 bladed articles and offensive weapons depend, it'd guideline applies to adults, Children, young people, center Stano after the first of June 2000 and 18. I hope you're aware of the fact that these offenses some of these events is called carry a possible mandatory minimum custodial sentence. Second time possession of abated article Offensive weapon night Magistrate shouldn't need to consider even if they rejected a mandatory minimum sentence for an Adam six months in the case of the youth for months, can they be credit? Yes, but the credit must not take the center below 80% of six months must not take the center below 80% of four months. What, You can't have a sentence lower four months. That's the minimum detention and training orders if you're in the youth. Called the credit for an early indication of guilt might be the difference between a good stadia over non casting points age and numb in on that particular snide There is me taking you through. But one example from those guidelines that kills and one example possession of an offensive weapon in a public place. There are six steps to take the court through to arrive at the appropriate center. Step one is hugely important. Determined the offense category and B C or a. Those are the various considerations for culpability. The levels of home are categories one and two, and you have to consider both aspects before you arrive at the particular category or when you revived the particular category, it will either be a 20.10 category one or Category two. You then have a starting point on the range of sentences within that particular category. A bit wordy, a bit difficult first, but the more you familiarize yourself with these guidelines seriously, the easier it becomes to look at the aggravating features to look at the mitigating features to design roughly where you're going to pitch it in terms of a starting point and how you're going to address, the magistrate has to want to do with their overarching principles. Domestic Abuse Definitive guideline applies to all offenders aged 16 and older who were sentenced on or after the 24th of May 2000 and 18. There's no specific events of domestic abuse. As you well know. Magistrates just have to consider whether we'll know this offense common. It's so a V eight malicious wounding, Whatever the appendices, did it occur within a domestic abuse contacts on the document. Their gives guidance on the assessment in relation to save use. Yes, whereby it contains examples of aggravating and mitigating factors and other factors that may influence the seconds. Well, there you are, and we're almost at the end. I do want to reiterate the point that there are lots of guidelines on the centers in council website of the moment. We've just had a recent guide. I you're not going to use it very often. Admittedly, it's in relation to manslaughter. The two I think that you really, really need to familiarize yourselves with are the guidelines in relation to great. You play on the guidelines in relation to the sentencing or Children and young people. The sentencing of Children and young people guideline. It's quite a long one, but it's well worth a read. Let me say now that the Court of Appeal on the Sentencing Council would rather we used the term Children and young people rather than use Children their age. 10 to 30 young people arranged 14 to 7 adults R 18 plus, and I tell you this in that document, in relation to the sentencing of Children and young people, there some classic passages that will be greatly useful from you when you're doing a plane mitigation with a view to avoiding a custodial sentence. The document puts great store on considering the welfare at the child and young person. It talks about not criminalizing Children and young people. It talks about custody be the very, very, very last result. Once everything else has bean, whether you are, there's more. I could say you've been a mass. We've come to the end off the 20 minutes so or the remains is me to thank you about data law for watching this bite sized webinar. I hope it was useful. Please do go on to the website. There's so many more guidelines to be published that we have the chance to consider in this 20 weather. I look forward, your company gain in the not too distant future. Thank you.