Sentencing Update 2021

Hello and welcome to this webinar on behalf of data law. My name is Colin Belmont and this Webinar is going to be about a sentencing update of 2021 mainly it's going to concern the sentencing act or sentencing code and if you prefer. But I will touch upon other pieces of legislation near the end. Well let's go to the first slide Okay slide one of 30. The applicability first of all of the sentencing act. As I put it on slide number one the act creates the sentencing code and this code came into force on the first of december 2020 in that it is applicable for anyone convicted on or after that particular date. Its scope covers both the adult and youth court sentencing As I put there on side one it will apply to anyone convicted of an offense On or after one December regardless of when they committed their offense. The crucial word of course is convicted anyone convicted other events before the first of December 2020 will be sentenced under the Pre Code law. Even if sentencing takes place on or after that particular debt. So just so that we all understand this, the sentencing act created or gave us the sentencing count. Don't look for two documents, There's just the one you might call it an act and the Court of appeal and would prefer it if we refer to this as the sentencing code, it is available like all pieces of legislation from the website legislation dot co dot UK. Now, in relation to this particular and sentencing code, we'll just go to slide to. It doesn't apply to the re sentencing of offenders in the case of appeals, it doesn't apply to slip full hearings. In fact, it doesn't apply to anything where the Seped Predates one December 2020 nor does it apply where the court is dealing with an offender for a breach of an order that was imposed under the Pre Code law. There it is a statutory instrument 2020 number 1236 The sentencing act, commencement number one Regulations 2020 brought the code into force. All of the code is in force, safer schedules 22 26 which I shouldn't really young trouble yourselves about too much. It's quite a mammoth of Code 420 sections in total, And some 29 schedules. Its aim, of course, is not to give us any new law in relation to sentencing, but rather to codify the existing legislation. In other words, if there's a conviction on or after one December 20 20, don't bother looking for the sentencing law in the powers of Criminal courts sentencing at 2000. Don't bother looking at the Criminal Justice and Immigration Act 2008 because of course, this code codifies the existing legislation. I've already mentioned it. You'll find the statutory instrument as with all statutory instruments on ledges and legislation as well. It's legislation dot gov dot UK. I'm sure you're familiar with that particular website anyway, So let's have a look at slide number three there it is 420 sections and 29 schedules. It's not meant to change the law at all in relation to sentencing. Actually, it does change the law a little bit, but not. So as you would notice, its aim, of course, is to codify the law concerning sentencing and to put It into one easily manageable document. If you can call hold a document containing 420 sections and 29 seconds schedules, easily manageable. Try to the code coming to the force of the law on sentence saying was contained in a number of different acts of Parliament. I'll give you that too. But to to mention the Criminal Justice Act 2003 And the Criminal Justice and Immigration Act 2000 & eight. And of course, the powers of the criminal court sentencing Act 2000. Their significance will diminish with the passage of time. Why? Well, because you'll only be dealing with people whose conviction was on or after one December 2020. What I can't in one hour cover sentencing in relation to all of it. Gosh, 420 sections and 29 shed tools. So what I thought I do is simply concentrate on custodial sentences. Part 10 and I'll give you that one slide four, the various sub chapters within part 10. You'll see when you look at the sentencing code that it's split up into various parts and those parts are subdivided into various chapters. The relevant sections, quite a few of them, 2-1 Through 2, 3- nine. We've also got some schedules sort of relevant as regards sentencing. In 2021. Schedule was one 14 15 16 18 1920 and 21. Also schedule 13. But be careful with Schedule 13 offenders of particular concern because would you believe That schedule 13 is already out of date? Well, look at that when we look at offenders of particular concern and how those people have to be sentenced at the Crown Court, slide five. So Let's kick off then, shall we, with custodial sentences available for those aged 17 down to 10? We call them use although strictly speaking, we should know, we should refer to them as Children if They're aged 10 to 13, We should refer to them as young offenders if they're aged 14 to 17, adults as you well know are those people aged 18. And then so the custodial sentence then for people aged 12 to 17, the detention and trading order, you won't come across it in the adult Magistrates court, they have no power to impose it. You'll come across it of course, often in the Youth Court and occasionally at the Crown Court as well. Fixed periods at the moment, although I'm told this is going to change, but at the moment the law is fixed periods For a detention in training order four months, six months, Eight months, 10 months, 12 months, 18 months and 24 months. The change will be that although the court will be able to give a detention and training Order of 24 months, it will be a matter for them as to How long they make the order. In other words they won't be constrained anymore by these fixed periods of four 68 10 etc. So expect that change to come about at some point. I would have bought in 2021 a sentence of detention imposed upon dangerous young offenders. We refer to this of course as an extended sentence of detention. The license being extended at the point of delivery of the sentence. It can only happen at the crown call. There's no power Magistrates to sentence dangerous young offenders under the Criminal Justice Act Of 2003. Well look at the sentencing of dangerous offenders during this webinar, both young people and adults detention imposed for what we formally used to call a grave crime. I'm sure you're familiar With section 91 The powers of criminal courts sentencing at 2000. Of course we now have to refer to it as a serious crime. A. C. sections two 149 and 250 The sentencing coding at the Crown Court. We sometimes refer to this type of detention that's imposed for a grave crime stroke serious offense as long term detention. Okay. It doesn't happen very often, but if the court wants to impose long term detention and it can only be imposed at the Crown Court, the Crown Court judgments first of all have ruled out a detention in training order. So clearly the offender Is going to be looking at something more than 24 months and the Crown Court judge must also have ruled out a youth rehabilitation or those of you who do crank or work will occasionally come across these sentences of detention on young people. The other sentence there mentioned on slide five is the discretionary detention for life or detention during her majesty's pleasure. This is the mandatory sentence for any young person convicted of murder. and unlike of course detention and training borders where the offender must be 12 to 17 detention during her Majesty's Pleasure, which is the only sentence that can be imposed upon a child or young person. Anyone aged between 10 and 17 if they're convicted crown Court of effectively detention during her majesty's pleasure is the equivalent of a life sentence for an adult. And the young offender has to serve the tariff sentence and then really is a matter for the Secretary of State and the parole board as to whether or not this young person is ever released and of course if they are released, they are subject to life license. And I think I'm right in saying that those two people were convicted of the murder of Jamie Bulger. They were about 10 years of age at the time and they were both of course sentenced to detention during her Majesty's pleasure. Both have served their tariff sentences and both are have been released subject to a life license. Not to be confused. Of course, with your discretionary detention for life. Well, of course that's available to the judge as a sentence for any offense that potentially carries life all the time. It doesn't have to be life, it's not a mandatory sentence. And as his detention during her majesty's pleasure, a discretionary detention for life sentence could be posed a serious case, it might be manslaughter, it might be grievous bodily harm with intent and it might be raped. Any offense effectively which carries a life as a discretionary sentence, it's going to be rare for a child or young person to be made subject to such a sentence. It works in much the same way really as the adult sentence. There is a tariff every day which has to be served. And then of course application must be made to the parole board for release. And of course if the person is released, they are subject to a life license. Why? Well, because they were given a life sentence, it's like six. So moving away then from the custodial sentences available to those people aged 10-17, 12- 17. If it's a detention and training order, we're now going to look at the custodial sentences under the code in the Magistrates called For those aged 18 1920. We now go from the cold that these offenders are too young to be given a sentence of imprisonment. You can only be given a sentence of imprisonment Of course, if you are 21 or over. So these offenders aged 18, all be there adults. We call their sentence detention in a year offender institution. Why do I? Section 133, which is still very much with us. Section 133 of the Magistrates, courts like 1980 deals with the periods available in terms of these offenders, six months being the maximum for one events travel. Either way, the Magistrates or the district judge could give more than six months if the offender faced two or more offenses. Either way, in which case the district judge or the magistrate are capped at an overall 12 months. The minimum term of why? Oh, I Is 21 days. The sentence is capable of being suspended for a minimum period of six months and a maximum period of two years. So there you have it, you might be in the adult Magistrates called as someone aged 18, 19 or 20, you might be the crown called As someone aged 1819 Or 20. You are too young to be given a sentence of imprisonment. Your sentence under the code is a detention in a young offender institutions. Please do make a careful note of this because occasionally, you know, matters have to go to the court of appear because the sentencing and the crown court was simply wrong on one of the mistakes that sometimes may need is that 18 19 or 20 year olds are sentenced to terms of imprisonment. But you can't you have to be 21 or over at the point of conviction in order to be given a term of imprisonment 17 or below. And your sentence of course is a detention in training. Or it might be long term detention if it's a serious offense or you might be sentenced as a dangerous offender to an extended determinant centers of detention. Or you might be sentenced to discretionary life or you might be sentenced to detention at her majesty's pleasure if it's a crime of good, I hope this is helping because I do know that there's confusion as to the types of custodial sentence that can be imposed. I often ask the question when I'm teaching face to face how old you have to be to go to prison and you'd be amazed. But the number of different announces that again, some people thinking it's 15, 14, 13, 12. Well it's not, it's 21 slide said, custodial sentences for those aged 18, 19 or 20 continued where the sentence is suspended. It's nevertheless treated, of course, as a custodial sentence for the purposes of such things as the notification requirements. The six have any register. I hope you're familiar with section 82. The sexual offences Act 2003. Do please be familiar with section 82? It sets out in a neat little table, the disposal on the left hand side of the table and your period on the sex offenders register on the right hand side of the table, dependent upon the disposal. The table Concerns itself with adult 18 northern, but just Underneath the table, you will see that if the offender is 17 or below the adult periods are simply hard. So they do be aware of section 82. Also, Please be aware of Schedule three. Schedule three of the sexual Offences Act 2003 because of course it's a conviction or caution For an offense within schedule three of the set of The Sexual Offences Act 2003, which may well put the client on the sex offenders register for the period mentioned In Section 82. Meanwhile, back at the slide slide seven requirements may be put as part of the terms of the suspension. Such requirements as I mentioned In section 287 at the sentencing code 2020. In other words, if a custodial sentence is to be suspended, it may be suspended with requirements. It may be suspended without any requirements at all breaches. Well, the order may be breached by way of the commission of a further events or it might be committed by way of the requirements being reached. Non compliance With one or more of the requirements that were imposed as part of the terms of the suspension. As you know, either one of those puts the client in breach of a suspended sentence of imprisonment. strength detention, slide, eight imprisonment. We might be in the magistrate court, we might be in the crown call custodial sentence. Of course, for someone aged 18 or at the point of conviction is a term of imprisonment. No change to section 133 of the magistrate's courts at 1980. Just as with detention in a young offenders institution For offenders aged 18 1920, anyone aged 21 over one offense in the Magistrates called. If it's either way, Magistrates are capped at six months imprisonment, they can go above and beyond six months, but then they kept At 12 months imprisonment In order to go above and beyond six months. As you know, they must have More than 2, 2 or more. Either way offenses All set out in section 133 of the magistrate corpse at 19 80, which is still very much with us. Don't be confused by Section 154 of the Criminal Justice Act 2003, you'll probably remember. And that section purported to increase the sentencing powers of Magistrates, Whereby for one offense, tribe life way they could give 12 months rather than six. We know of course, that that section has never been brought into force. Who knows, will it ever be brought into form? She's now 2020 one, some 18 years after the section first appeared on the statue, Section 232 of the Magistrates courts at 1980, the court shall not impose a term of imprisonment of less or fewer than five days. So that you are your minimum term of imprisonment five days. Your minimum term of detention in a young offenders institution, 21 days. Your minimum term of detention by way of a detention and training order, four months. You'd be amazed at the number of lawyers who struggle with the question what is the minimum term of imprisonment? Many lawyers say what? It's one day, But it's not because if the client is being given one day, that is one days detention and one days detention is not the same as a sentence of imprisonment. It may well be one days Detention Under Section 135. The Magistrates courts at 1980. Or it might be one days detention Under Section 136 of the Magistrates Courts at 1918. As far as I'm concerned, sections 135 and 1361 days detention in the Magistrates called. These sections are still very much with us. I have not been altered in any way by the sentencing code Reference is also made in the code to section 132 and the minimum period of imprisonment being five days. It's like nine custodial sentences continue. For those people age 21 over. The court really ought to have some sort of report prepared before sending some prison. But the sentencing act 2020 sentencing code 2020 does say the same as that Which was said in the Criminal Justice Act 2003. Namely of course the court should obtain a pre sentence report unless the court takes the view that it does not need a tree center support. Mhm. I love it when legislation is drafted in that particular way, the court might be considering a short custodial sentence whereby the defendant would spend longer remanded in custody awaiting the preparation of the reports than would otherwise be the case with the sentence itself. Any of those circumstances, the court of appeal of said have they not that if the court is considering a short custodial sentence then there is no need to prepare reports. And the more so if by remanding the person in custody for the preparation of those reports, he or she would end up spending longer in custody than they would with this short custodial sentence. So how short is short? Well if you're going to be remanded in custody for the preparation of reports for three weeks, you're effectively being given. Are you Not the equivalent of a six weeks custodial sentence? So I would have thought anything below six weeks and the court ought to be considering dispensing with reports where they would have to consider remanded in custody for the preparation of those reports. If you want to read case law in this particular area and RV Gillette in which the Court of appeal mentioned that had been only for reports if short custodial sentences were being imposed an RV our summer. And that was a clown court decision in which Gillette gets mentioned and the Court of Appeal said that effectively Gillette doesn't apply to the Crown Court in the case of Al Osama. The judge imposed five years Without the need for reports and of course one of the appeal points, wizard of report should have take the court of appeal said no and the judge doesn't need a report if he or she takes the view that the report is not necessary and will not in any way. I think the sentence the sentence in alexander's case that was five years and the Court of appeal said the judge had heard everything needed to be heard about the offender from Camp Soul and they would have been nothing new to learn in a pre sentence report and they were not as it were prepared to old chap The crown called Ghetto sentence of five. This is it's like 10, we're still in the magistrate court, Although we could just as easily I suppose to be at the Crown Court people 21 or over and dealing with imprisonment. It's just the same way, in just the same way as a detention in a young offenders institution. A sentence of imprisonment is capable of being suspended in exactly the same terms suspended for no fewer than six months And a maximum of two years requirements may or may not be imposed in just the same way as detention in a young offender institutions. See Section 2 87. The sentencing, A prisoner may find themselves transferred to a prison establishment where they become 21 And we're under 21 at the point of sentence whereby they were effectively given a detention in a young offenders institution. I'm not saying that happens every time, but I would have thought consideration perhaps should be given to moving a person to an adult prison Where they attain the age of 21 side 11. We're back this time in the crown. Cool Children and young people. Grave crimes stroke serious offenses. We know from the sensing code, the Youth court has the power to commit to the Crown Court for centers where it takes the view that it's sentencing powers are inadequate, but only on a grave crime stroke serious effects. In other words, it's got to be an offense which in the case of an adult Would carry 14 years or more. Oh wolf. It's one of those sexual offenses Which albeit it doesn't carry anything like 40 years in the case of an adult, it is nevertheless deep to be a serious effects. Please do familiarize yourself with the relevant sections. Were Talking sections 249 And 250. The sentencing formally, Section 91 of the powers of criminal courts Sentencing Act 2000 As I put them on flight 11, it's not like the adult where the defendant may be committed for sentence to the Crown Court on any offense which is either way not so with a child or young person, they can only be committed to the Crown Court for sentence in relation to serious offenses stroke grave crimes. Maximum sentence that may be imposed in the youth Court subject to certain pre requisites. Of course is a detention and training order not exceeding 24 months. These Orders are only available for people aged 12 to seven and of course because of the siege, because two years is rather a long time and the more so If you're aged between 12 and 17, it's quite a rare event in my experience for a child or young person to be committed for sentence to the Crown Court on a grave crime stroke serious offense. It happens occasion late, but it is a rare event, it's like 12 slight 12 and we're still dealing with young offenders but we've now gone to the crown call. The judge of the crown called is required to consider the imposition of a detention in training order or youth rehabilitation order before considering long term detention on a serious offense. If you think about it, long term detention is going to be longer than two years because the judge must have already ruled out A 2-year detention in training those of you who are familiar with this particular area would of course be Familided with section 90 one of the powers of criminal courts Sentencing Act 2000. See now as I mentioned earlier, section 250 of The sentencing code 2020 definition of a grave crime and offense which in the case of an adult would carry 14 years or more. But there are some sexual offenses to consider as well. Slide 13 custodial sentences in the ground court For those aged 18 Where the defenders 1819 20 the custodial sentence is going to be detention in a young offender institutions. Of course the sentence of the judge is at large. If the offender was committed for sentence, the offender can be committed for sentence of course with any offense that tribe and by at large. Of course we mean that the judge could give up to the maximum sentence that the offense carries on indictment if this offender was committed to the Crown Court for sentence, if it's an ordinary determinant sentence at the crown call, it might be two years old. The offender will serve half and beyond license for the remaining half. So if you get two years or more, the crown called, you're effectively going to serve 12 months and you're going to be licensed the remaining province. If you're given an ordinary determinant sentence of less than or fewer than two years, you will serve half of that sentence, followed by a period on license followed by a period of post sentence supervision. We know don't wait that under the offender rehabilitation Act 2014, the license and supervision are to add up to 12 months following release at the halfway stage. So if I could just give you a couple of examples When you're dealing with offenders aged 18 plus and by the way, don't look for any of this in the sentencing code because this is all still contained In the Offender Rehabilitation Act of 2014. The first example Is of an 18 year old give detention in a young offender in the adult Magistrates court. Let's assume that he or she has given four months detention. They will serve to They'll be licensed for two. They would be supervised for 10 months. Why? Because two and 10 may 12. Please do appreciate that. The license and the supervision period are to Add up to 12 months following release. Here's another example. This is a crown called example. Now The offenders given 18 months he will serve. Now He'll be licensed for nine abc supervised for three. Why? Because nine and 3 make 12. Remember. The license and supervision Must add up to 12 months following the release. At the halfway stage, you'll see immediately that anyone given two years or more or will never be subject to supervision. Why? Because of the whole of the 12 months will be eaten up By the license. If you're given two years, you will serve 12 months, you'll be licensed for 12 months. So any sentence of two years or more, there is nothing left over for supervision. See the offender rehabilitation act 2004, which of course applies to all offenders aged 18 plus 5. 40 custodial sentences in The crown call for those aged 18 and over. Where the sentence is between three months and 48 months. It could be in the Crown Court, it could be in the adult Magistrates court Where it's between three months and 48 months consideration may be given to early release under the home detention curfew scheme. And of course if there is early release the offender is released at the 20 5% stay each of the license rather than At the 50% stage of the of the sentence. And if the person breaches the terms of their home detention Curfew scheme having been released at the 25 percent stage of their sentence, they will be recalled and kept inside until the halfway stage of their sentence. Told that if you Are given a sentence of three months you do have to serve a bare minimum of 28 days before you can be considered eligible for release Under the home detention curfew scheme. Maths isn't my strongest subject, But I think that 28 days on a three month sentence is slightly higher than 20 5% Where your age 21 or over and given a term of imprisonment. Exactly the same considerations apply in terms of being released at the half way stage or possibly released early. It is discretionary Under the home detention Curfew scheme at the 25% stage. And of course it's all applicable to detention any young of any institution as well. You have to be 18. Both types of centers may be suspended. We know that in the Crown Court, of course the maximum term that may be given and suspended is 24 months, 12 months. In the magical the suspension period. It doesn't matter whether it's imprisonment or why or why. It is no Fewer than six months. No more than 24 side 15 power is available to the Youth Court in terms of committal to the Crown Court for sentence. I've already mentioned, it's going to be a rare Occurrence. Grave crimes, serious offenses C Section 16 of the sentencing code 2020. Even rarer I would have thought if the court is dealing with a child, someone aged 10-13 as opposed to a young person, someone aged 14-7. And whilst we're talking about rare events in the youth court, another once in a blue moon events, I put there on slide 15 is the committal for centers the ground call for consideration of sentence has a dangerous young offender. It's there. If you look at section 17 of the sentencing code 2020 but it's going to be an X in late when we think don't forget of course it's not like the adult court where you can be committed for sentence on any matter. That's either way. C Section 14 of the sentencing 2020 which only relates to adult offenders. I think experience has taught me that if the court accept jurisdiction in the youth, cool, you are likely to be sentenced in the youth. Why? Well, because they've got this two year detention and trading order to play slide 60 dangerous adult offenders. But if we're dealing with dangerous adult offenders were most certainly going to be in the Crown court And we're going to be aged 18 or over. We've got to be committed for sentence from the Magistrates court to the crown court. The magistrate may take the view, may take the view that, you know, the judge really ought to consider sentencing is a dangerous adult defender. In which case the committal section. This section 15 of the sentencing code 2020, the systematically considered by the crown champ. I didn't think section 15 will be utilized that often by the magistrate. They're more likely to take the view that they just consider it's too serious for centers in their court and they're going to commit for sentence under section 40 of the sentence. In Canada. Of course, once the offender is before the crown court, it's a matter with the judge as to how he or she wants to sentence. And if they take the view that this particular offender meets the criteria set out in the criminal justice at 2000 and three of the centers as a dangerous offender, then a dangerous offender centers will take place schedules. Well, the schedules will formulate A schedules 15 and 15 B Of the Criminal Justice Act 2003 with the conviction is on or after the first of december 2020. Forget those schedules, they don't apply. Schedule 50 big has been replaced by schedules 14 and 15 at the sentencing Code 2020, scheduled 50 Has been replaced by Schedules 18 and 19. Continuing dangerous adult defenders. Of course they're going to be 18 plus. They've been convicted of a specified violent defense or a specified sexual offense mentioned in the schedules. And the judge takes the view that the public at substantial risk of serious harm, death or serious body injury from this particular individual occasioned by the commission of further specified access. The four year all the four year rule says you know, you should really be sentenced as a dangerous offender unless today's offense merits four years. The exception to the four year old and it only applies to Adults aged 18 or over. The exception is that you have a previous conviction mentioned in schedule 14 at the sentencing, Conan formally shed you 15 Big At the Criminal Justice Act 2003. So watch out for that. The four year rule is important. Sometimes the four year rule needs to be brought to the attention at the Crown Court Judge. Judge no sentence please as a dangerous offender unless today's events merits a Minimum term of four Years with one get out card exception only applies to adults. The client has a previous conviction in schedule 40 slide 18. We're an adult offender has been convicted of a previous Events within Schedule 15 and was given 10 years or more. Today's sentence may be life imprisonment. Where the judge takes the view that today's events merits a determinant sentence of 10 years or more. It increases the maximum sentence available to life for all offenses mentioned in schedule 50 Schedule 50 of the Sentencing. Cody's headed life sentences for 2nd defense listed offenses. So let's just recap that if the judge takes the view that today's offense merits a determinant sentence of 10 years old and you have a previous conviction In schedule 15 for which you were given 10 years or more more. That simply gives the judge the option to impose life today. Not all of the offenses as it were scheduled. 15 carry life, but they are all raised to life where today's offense merits 10 years or more And you have a previous schedule 15 offense for which you were given 10 years old. It simply gives the choice or the option to the judge today to impose a life sentence if he or she wants to impose A life sentence for that schedule 15 events As I put down side 18 don't misunderstand the point the judge doesn't have to give life. But if those boxes ticked, the judge has the option to impose discretionary life if he or he wants to and being a discretionary life sentence, the judge will no doubt set the tariff, which must if you think about it be a minimum A period of five years. Today's sentence must married 10 years or more war. So you've got to be given a Tariff of at least five years. And then of course it's a matter for the judge as to whether or not he wants to make that tariff tariff longer than five years, you have to serve every day of that tariff sentence before you can apply to the parole board for release. And if you are released your life license, remember today's sentence was life. It's like 90 if you are sentenced as a dangerous adult defender. And we call the sentence don't with an extended determinant sentence. Thank goodness that pipes indeterminate sentences for public protection. Thank goodness. They're gone last last. Bow slept, swept those away. Did they not extended sentences? extended determinant sentences at least the client knows the precise terms at the sentence because, of course, within every extended determinant sentence, there is a determinant period that which is extended as you well know in an extended determinant sentence is the point is the license period which is extended at the point of delivery of the sentence. The license period can be extended for a Maximum period of five years for violent offenses and a maximum period of eight years for sexual offenses. The offender may apply to the parole board for Consideration of release once he or she has served 2/3 of the determinant part of the sentence. I think that's fairly straight forward as opposed to of course the person being given an ordinary determined sentence whereby normally they would be eligible for release at the halfway board. There are, there is an exception to that and will consider that exception. And in the latest life, it's like 20 custodial sentences that may be imposed upon dangerous young offenders under the sentencing code. Well, the law operates in much the same way as it does for adults and of course a young offender Could find themselves sentenced as a dangerous offender and we know that they can be committed to the crown called section 70 of the sentencing code is the committal section, Magistrates could commit to centers from the youth court if the view that consideration ought to be given to this person being sentenced as a dangerous effect. Now important to appreciate that as regards young offenders, those age 17 or below the four years old is very strict. You cannot receive a sentence under the dangerous offender provisions if You're 17 or below unless the offense merits a determinant sentence at least four years. There is no exception as we looked at on the earliest large need in relation to adults, whereby the exception is that you have a previous conviction for a serious offense. That will not apply to use 70. Now let's look shall we will move away from the sentencing of dangerous offenders and will slip into the sentencing of offenders of particular concern. What does the code have to say about these people? Well, first of all I would this term only applies to adult offenders. It doesn't apply to people aged 17. Okay, You've got to be 18 plus. It is section 265 of the Centers in code Where the offender is 8, 18, 19 or 20. It's Section 2 7, 8 of the sentencing code 2020 where the offender is 21 class. It was formally scheduled 13 Of the sentence in 2020, which set out the list of relevant defenses for offenders of particular concern. But scheduled 13 has now been replaced by Schedule six of the Counter Terrorism and Sentencing Act 2021. How quickly things change, which if you think about it, the centers in code only came into effect for people convicted of Offenses on or after the 1st December 20 20. And here we are in the earlier part of 20 21 and we've already had A schedule 13 completely replaced by scheduled six of the counter terrorism. And sentencing 2020. It's like 22. Most of the offenses within Schedule six concerns terrorism. So I doubt you'll come across those very often. There are two offenses that you have to watch out for late. Have a child under 13, Penetration Of a child under 13. So what do we know about these offenses? What we know that as the judge has to sentence this person as an offender of particular concern. The judge at the crown court is no longer permitted to impose an ordinary determinant sentence for such offenders. You can't be half a day, half a license. It is not available to a judge. Please please do tell the judge this because there are cases that have to go to the court of appeal where the judge has given an ordinary determined sentence for counts on the indictment which involved rape of a child under 13 and penetration of a child under 13. And the Court of appeal at pains to point out that the judge no longer has this power. The judge has three sentencing options available for such offenders if considering custody and none of these three. An ordinary determinant sentence. None of So let's look at them. Option number one is a discretionary life sentence. The maximum An indictment for the above mentioned fence of course is life imprisonment, rape of a child under 13 penetration. The childhood 30 both carried. So it could be discretionary. Life in which case the judge would set the tariff sentence every day and which has to be served. The offender could then apply to the parole board for release. That if released of course it would be a life license option number two. MR. Centers the amendment of the Dangerous offender provisions whereby you extend the license the point of delivery of the sentence. These events of course, a sexual offenses and so the license could be extended by up to a maximum of eight years at the point of delivery of The sentence, the offender would have to serve 2/3 of the determinant part of the sentence before being eligible to apply to. Option number three is to sentence the offender as an offender of particular concern. A determinant sentence followed by an automatic one year license. Overweight, There is no discretion. Everyone has to be given a one year license. If sentenced as an offender of particular concern, meaning effectively if they serve the entirety of their sentence, they step have to do this one year license period once they have finished their sentence and they might have to serve the entire team of the determinant part of their sentence because albeit they're entitled to apply to the parole board at the halfway stage for early release, the parole board may say no, we know there's an annual review and if the parole board say no often enough, then the person will serve the entirety of the sentence. And if they do upon release, they are subject to this automatic one year license period over which there is no discretion Side 24 Very briefly life sentences we know under the sentencing code that certain offenses carry discretionary life murder of course carries a mandatory life. The judge having no discretion. The sentence must be one of life in prison. The discretion lies with the judge concerning the tariff. The tariff of course, is that part of the sentence which must be served before the prisoner can apply to the parole board for release and if released the offender is subject to license. It's like 25 very dangerous game to breach your life licenses. Indeed. Gosh in the worst case scenario you might find yourself recall and never released. Do have a look if you do serious crown court work, do have a look at schedule 21 of the sentencing code. 2020 important as it sets out the appropriate starting points in terms of the number of years that the judge ought to consider imposing whole life sentences are still rather frowned upon. Are they not by the european court? And I'm very, very there are some prisoners serving whole life tariffs, but they want me remote tools, remote tools. Someone caught to another court section 25 of the the power and the duty to remit offenders aged below 18 17 or below to the Youth Court for sentence. That may happen as it were at the Crown Court. Crown Court Judge may take review. This person ought to be limited and the Crown Court to the Youth Court for sentence. It might take place in the Yeah, I don't match street view. This youth ought to be remitted to the Youth Court for sentence. The judge doesn't have to admit to the Youth Court if he or she doesn't wish to. Uh Coach says that if the judge thinks it's undesirable to admit to the youth court sentence than he or she can sentence in the Crown Court, which may well be the case. If you think about it. If there's been a conviction after trial, who better to sentence than the Crown Court chap Section 27 slide slide 27 of the sentencing code deals with the power of the youth court to remit offenders who become 18 to a magistrate court other than a youth court for sentence this room, it'll can only take place after conviction, but before sentiments of course it could never happen if the offense was purely indict a ble Do do take care as to what's going on here. This is the youth who becomes 18 whilst in the youth court, he's now being convicted. What are we going to do with him? Are we going to centers in the youth court or are we going to remit him to the adult court for sentencing to take place there? I suspect They're going to keep him in the youth court or be his 18 and sentencing. Why? Well, because the powers of the youth court are so much greater in terms of custody than the sentencing powers of the adult magistrate and of course you could never emit an 18 year old from the youth court to the adult Magistrates court for sentencing in a purely indict a bill offense. Why? Because the adult Magistrates have no power to sentence indicted, only offenses side 28 dealing with the metals. Of course we know that one magistrate court can remit to another magistrate court and it's often at the behest of the defense, who know that the client is convicted in both courts and would like sentenced to take place in the one magistrate court. You can't ask for re Mittal unless you stand convicted in both courts. And of course you do need the consent of the other court in order to limit your matters too. Mhm. Okay, I know where very near the end. Just a couple of Slides left on slide 20 nine. I just want to flag up if I may. a knife crime prevention orders, A statutory instrument 2020 one Number 762 The Offensive Weapons Act 2000 19, commencement number to order This statutory instrument brought into force, Knife Crime Prevention orders with effect from five July 2020. Such orders at the moment can only be made in the courts within the Metropolitan Police District. There's going to be a pilot in these courts for 40 months. The explanatory note to the statutory instrument makes it clear that although knife crime prevention orders can only be made in court within the Metropolitan Police District, these orders will be enforceable throughout England and Wales. And might I suggest please, you get hold of that statutory instrument and have every about knife crime prevention orders. And finally it's like 30. Do you also please be aware of statutory instrument? 2021 number 819 The Offensive Weapons Act 2019 commencement number one Regulations. These regulations brought into force, various provisions of the Offensive Weapons Act on the 14th of july 2020. Do also be aware, please have statutory 2020 number 158 This statutory instrument altered the released provision of certain offenders given seven years or more at the Crown Court City offenders now no longer be eligible for release at the halfway stage. These offenders must serve 2/3 of their centers before b released, but they will be released At the 2 3rd stage. They don't have to apply to. The such offenders must have received a sentence of seven years or more on or after one April 2020 for an offense which was formerly contained in Schedule 15 of the Criminal Justice Act. 2000 and three. Of course it's now schedule 18 of The Sentencing Code 2020. It is the schedule, as you know, containing the list of violent or specify defenses and it must have been an offense for which there was potentially life imprisonment. So not all specified offenses are covered by the seven year rule, but certainly offenses such as rape and grievous bodily harm will become. Well, there you are, apologies were just over the our point, all that really remains is to thank you on behalf of data Law for listening to me for watching this particular webinar. And I hope you found it useful and I hope that it updated you in relation to what's new concerning sentencing in 2021. Thank you very much.