Sentencing Update 2019

Hello and welcome to this sentencing update. Bite sized 20 minute presentation on behalf of Data Law. My name is Colin Beaumont. I wants for many years a solicitor in private practice eventually operating in Can Sally. I'm not the kind as a solicitor. I've gone back to the bar. My quantification is now Barry stuff in brackets, non practicing. So what do we go? Sentencing update 2000 and 19. Just a dozen points to consider in this 20 minute Webinar. Let's have a look at the 1st 3 points. First day sections three and 64 of the PCC s A 2000. I mentioned these because they being the subject of recent case law and to be fair mistakes to be made that because lawyers are not aware and the simple ruse, the reply, it really is very simple. The lawyers as follows Section three relates to offenses than a triable. Either way on following a guilty play or following a conviction after trial, the Magistrates may take the view their sentencing parent was are inadequate. In which case, as you know, they can commit the sentence that triable either way matter under section three at the BCC s a 2000. Now a classic example might be a guilty play, too dangerous driving. But what about the guilty pleas to driving faster? Squali Fine. And using a vehicle without insurance, Can they be committed for sentence as well? When they are summary only. And the answer is yes, they can. Because of section six, subsection full at the PCC s A 2000. The law is as follows. If the Magistrates have utilised, one of the pound was within section six, subsection four. And would you believe the first power in section six subsection for his section three committal for sentence on a defense triable. Either way, as soon as they've used one of the powers available to them within section six subsection for they can then look around to see whether or not there are any summary only offenses which have bean gum, a guilty plea or conviction. And they can commit those as well along with the either way matter. They don't have to be connected in any way to the either way matter, although in reality they often will be. They must be potentially punishable with imprisonment or potentially disqualify. But I'm sure that's not going to be an issue, because clearly that will cover Dr Lost, disqualified and no insurance. So there you are. That's the procedure. Forgetting seminary only offenses to the crown called by way off a committal the sentence aggravated vehicle taking a game. We're getting case law on this, and clearly young lawyers are not putting over to the court the correct sentences. Let's just take it from first principles. Ordinary vehicle taking taking without consent is summary only, but it may become an aggravated vehicle taking case if there's a form of aggravation. One of the forms of activation is that the vehicle was driven dangerously. If that's the case, it always triable either way, and it carries two years on indictment. Another form of activation is that someone was injured. If that's the case, it's always either way, and it carries two years on the indictment. Damage is the third, and damage is the full damage to the vehicle itself. If the value of the damage is less than £5000 the court determines under Section 22 that the Magistrates courts at 1980 that it can only be tried summarily. Ditto for damage to something other than the vehicle. If the value of the damages below five K a determination may be made that the matter be dealt with as a summary only events. And don't get me wrong. I'm not saying necessarily that the Magistrates are going to sentence. It may well be that there are I the way matters floating around as well that they committed for sentence, in which case they can commit low value and talk for sentence as well. We just looked at that at this point. Number one. It must be drawn to the attention of the judge, however, that his or her powers are summary only powers that cannot be a sentence in excessive six months but Low Value Damage Act walk where the value of the damage is below. So I can five K orm or its triable Either way, two years on indictment. It's no intellectually big old. It's just a need to know. Need to know the Policing and Crime Act 2017. I'm sure we're all familiar with this in relation to pre charge burial, but I also want to point out sections for and for a after protection from freedoms and protection from Harassment Act rather 1997 those you know are the offenses of harassment and stalking. Uh, yeah. Increases the penalties from five years to 10 years imprisonment on the indictment. Andi, we have the racially or religiously aggravated versions. Of those two, crimes are the maximum has been increased from 7 to 14 years on indictment, thus making them, of course, grave crimes. When you're in the youth court, the definition of a grave crime in the main being anything which in the case of an adult would attract a prison sentence of 14 years old. Okay, that's seven points 4 to 6 way activation of a suspended sentence of imprisonment. There's no harm if the court wants to. In activating on earlier suspended sentence of imprisonment, this is course he's dealt with. It checked U 12 of the Criminal Justice Act 2000 and three in the back. The first thought of the court should be activation of the earlier sentence with the original term. Oh, no good. Unless the court take the view that that would be unjust in ALS. The circumstances and it might be unjust in all the circumstances and we've had some recent case law on this, in the case of Blair, is one of them. One needs to consider the extent to which the requirements upon which the sentence was suspended have been complied with. In the Blair case, there was substantial compliance with the unpaid work requirement attached to the suspended sentence of imprisonment on the Court of Appeal. Took the view that not enough weight, that being given by the judge to the fact that this has happened one of the other powers, as you well know, is to activate the centers with a shorter term of imprisonment than that we could being imposed when the centers was originally by now. And of course, that's what the court of a Beauty sections 242 114 a of equipment or gases, Act 2000 and three again case law on this so clearly problematic Section 240 the time spent on remark on that's now obviously a prison concern. It be being remanded in custody, and he's given a custodial sentence. No doubt the prison will do the calculation on will deduct whatever deductions need to be made. We know don't wait, let for every day spent on the mound. That's equivalent to having served to day use because of you were sending section 240 A. This is no a prison calculus should. This is something that needs to be drawn to the attention of the called by the lawyers in court. If I defended is sent into custody 240 a relates, of course, is you won't know to qualifying curfews nine hours or more per day. Monitored by an electronic tag, it is incumbent upon the parties to bring to the attention of the court It. The defendant is going into custody by way of a sentence any time spent subject to a qualifying curfew. The Wallet of Commitment Prison is then endorsed this sentence to be reduced by X number of days. Whatever those days are to reflect the fact that the defendant had been subject to a qualifying Curt. And I'm sure you know the defendant is entitled to ah har the day off the sentence for every day spent subject to a qualifying 66 the review of a sentence by a crown called Judge, a gay being the subject of some recent case law. I'm sure you go that a crown called judge could have the matter back to review a sentence under section 155 at the BCC s A 2000. He or she has 56 day years in which to consider whether or not to revisit the second. And if he or she wants to revisit the sentence, they may use it even if on revisiting the sentence, they impose a sentence which is mawr severe than that which was initially imposed. We had a recent case in which the judge gave a determinant sentence and then, on reflection, decided that a sentence under the dangerous offender provision would be more appropriate. As he said, no one was a vote, He just reflected on the matter and determined that a sentence under the provision was more purple. It meant, of course, the defendant was given a more severe sentence because, as you know, with the determinant sentence, you serve hard and then you're automatically released on licence at the halfway stage, the remainder of the sentence being on license. Not so. If you're sentenced under the dangerous offender provision, where you are eligible to apply to the parole board for release at the 2/3 stage. All the determine in part of the sentence. You may not get parole. Look to third stage, in which case you might end up serving the in kind committee of the Determinant part off the sentence. Andi. Of course, when you're released, there will be a licence period as well, because offenders who were sentenced it's dangerous. Offenders are given what's called an extended determinant sentence, and it is the license that's extended at the point of delivery of the sentence. Clearly are harsher sentence than an ordinary determinant sentence, but one which a judge can impose upon reflection within 56 days. Sexual one point next night points 7 to 9, taking the Magistrates through the various steps. Please please please do ensure that you are familiar with the Sentencing Council website on the various guidelines that are being issue guidelines in relation to manslaughter. Recently, we've got guidelines in relation to bladed articles and knives, and these are all important guidelines on, of course, in order to assist the court in a viiv ng of the sentence, whether you in the Magistrates Court or the crown called You have to assist the call in the starting point. You have to assist the court in the range of sentences available once they've ascertained the appropriate starting point on their their various steps to go through steps. 12345 on six. Please please understand those various steps within the guidelines. And, of course, the most important step is Step one. What are we going to categorize this events as everything blows from that categorization you would try if you work for the defense, always to get the lowest possible categorization that will become apparent when you read the guider. Wait, please appreciate the distinction. Who? Disqualification for a fixed period on disqualification until the cats again the subject off At a recent case law Section 36 of the Vote Traffic Offenders Act 1988 person may well be disqualified for a fixed period and disqualify until we test a classic case where it's man tree. He's dangerous driving, so let's have an example. He's disqualified for a period of two years and also disqualified until we cast. So what's his legal position at the end of the fix? Two years here, Bouncer he is being reduced to the status of being a learner driver. Yes, he can go. But of course he must have a provisional licence, which is a guy to do what is fixed. Two year banners finished. He must display or plates. He must have a qualified passenger in the vehicle with him. Who is 21 or over on. Must have held a license for three years. No I manager disqualifications on discretion with disqualifications of the issue of those 3 to 11 penalty points in the shed. Jewel at the back of the Road Traffic Offenders Act 1988 do appreciate the point. A court sometimes need assistance on this. It's either going to be a mandatory disqualification. Section 34 1 of the Road Traffic Offenders Act 1988 or a discretionary disqualification Section 34 to at the same act. But where special reasons have found for not imposing a mandatory disqualification under 34 1 Certain defenses attract 3 to 11 penalty points. Dr is a classic, finally points 10 to 12 bursting 0.10. Is it necessarily in the client's best interests to went to an early guilty plea and be committed for sentence. Well, I think there's a lot to be said sometimes where you know for sure for sure that he's likely to be committed, but sentence of no indicating or entering an early guilty played. Have the MCA sent? You could then have a meaningful chap with Council of the Crown call as to the nature and the appropriateness of the count on the indictment. You don't want to commit yourself guilty pleas too soon. 11 Limited powers of sentencing of a child or young person in the adult magistrate court. They can sentence. They can't give any term custody. They can't give any community penalty. But absolute discharge. Conditional discharge finds they're all available if the adult call somewhat unusually want to centres a child or young person. And finally, I'm sure you're aware of the new piece of legislation. The assaults on emergency workers at this effectively has made secular salt triable. Either way, it now carries 12 months imprisonment of garden six months. I suspect you won't see any more charges in relation to assault on a constable because clearly constables are mentioned in the full list of emergency workers set out in Section three of this short act and it is a very short well, there you are. And that's the end of the 20 minutes. It does go rather fast on my hope that some clarification of those 12 at sentencing points have assisted all the veins. Really is for me to thank you on behalf of gay to log on myself for watching listening to me in this webinar. And I look forward to your company again in the near future. Thank you.