Hello and welcome to this bite sized 20 minute webinar On behalf of Data Law. My name is Colleen Beaumont. Today's webinar is Last Bow, the Legal Aid, Sentencing and Punishment Off Offenders Act 2000 and 12. There's a dozen bullet points to go through, so let's look at the third slide on the 1st 2 bullet points fasting. The act made significant changers in relation to both legal aid on the sentencing remands of adults and Children and young people. And let's just define those terms. Shell Way adults of people 18 and over Children are aged 10 to Sir Gina. Young people are aged 14 to 17 but he went to got one of the act deals with criminally laid. And I'm sure you know that it may significant changes in relation to the payment off criminal legal aid. A defendant's costs order may be granted that you know, to successful defendants in the Magistrates Court Oh, in the Crown Court when dealing with appeals. API was, of course, are not considered to be matters on indictment, and therefore, if you are successful in the Crown Court on an appeal, doesn't matter whether it's an appeal against sentence on appeal against conviction. It's classified as an appeal, and you could apply to the Crown Court judge if you are successful for a defendant's costs order. I've saved the bad news into last. Of course, it will be capped at legal aid rates by the criminal cases unit. Formerly, we called them the National Cap seen Dean. So whatever private fee paying arrangement you have with your client, you must make that climb to where, from the very outset that in the event of being successful in the case, you win or you may well be able to obtain a proportion of their costs, but certainly not the entirety of their indebtedness to you. Being successful, of course, is defined in section 16 at the Prosecution of Offenses at 1985. Your successful If you're Quinton and Tri ALS your successful If you make a successful halftime submission at the close of the prosecution case, you're successful of the proceedings with broad, it is continued with the Crown offered. No evidence on the matters dismissed or when we get this from the case of R E Williams and Sons your successful. If you are able to get the proceedings stayed as an abuse of process. Please don't forget, but if you want successful on appeal in the crown cold, your application a defendant's costs order covers not only your successful giving in the Crown Court, but the costs incurred in the unsuccessful cavey in the Magistrates Court. That's why, of course you're appealing it. Okay, let's have a look. It slides story in four When dealing with matters on indictments, a Crown call judge made only grant the defendant's costs. Order toe a person who was refused Lelay on the grounds of means, and you are going to be refused legal aid. If you have a joint annual disposable income at 37 a half £1000 a year or more, you must apply the legal aid on day. Of course, if you fall within that category, it will be refused. And on the basis that you were refused in the event of being successful at the Crown Court, the judge under last spoke has a limited power to grant the defendant's costs order to you or rather to your client again. Of course, the bad news is that whatever order Chronicle Judge makes that will be capped at legally range by the Criminal Cases Unit, formerly the National Taxing Teen. Your hourly rates, um, that will be paid by the criminal Cases unit are set out in Statutory instrument 2000 and 16. Number 313 Of course, everyone else for matters on indictment is eligible a reporter with all without a contribution. It's only those people with the joint annual disposable income of 37 a half £1000 a year or more who are ineligible, relayed order even for a matter on indictment. Clearly, if your client has of that border subject to a contribution, if your she's acquitted on all of the counts on the indictment, then any contributions are automatically returned to the client. If, however, there is a partial success at the crown called the African A paving before the judge should apply for what's called judicial apportionment at the contribution on the representational, it then becomes a matter for the discretion of the judge as to how he or she is prepared to older the contribution. And if you don't make representation on the day, you can make written representations to the judge within 14 days and If you don't do it within 14 days, I'm afraid that's the end of the matter. Your kind is clearly going to have to pay. Whatever contribution attach is to is legally point full. A chapter eight of last spoke. That gives us a new, but it's not so new now. But please be aware of it. It's C. Hsieh Jewel at the back of the Rehabilitation of Offenders Act 1974. The rehabilitation periods have been greatly reduced, and you know that everyone comes under the ambit of the act. Unless, of course, you've been given a sentence of imprisonment off more than 48 months. If you being given a sentence of imprisonment of more than 48 months, I'm afraid you are never rehabilitated under the rehabilitation of Offenders. Act 1974 on must always declare that conviction if you're applying for jobs and let's be frank. That's what the rehabilitation of Offenders Act 1974 is all about. It's a nameless offenders, after a given period of time set out in the shed your to to effectively regard themselves as rehabilitated, whereby they do not need to declare on certain forms for certain jobs that they've had a conviction in the past. Of course, it depends. Doesn't know upon the type of job they're going for if they want to work with vulnerable people, if they want to work in finance or if they want to work with Children as nannies or they want to work in the police or the security services. I'm afraid the rehabilitation of offenders Act 1974 is the least of their problems because, as you know, a lot of these matters will be recorded on the Disclosure and Borrowing Service website, the DVDs, formerly the CRB on. We used to talk and we still do talked with in terms of doing a CRB check. And it may well be that the client has to go on the Disclosure and Boeing Service website and obtain a certificate of whatever they have held against him. Of course, he may then on making the employer aware of that which is on the certificate, not get the position that he or she is applying for. Okay, let's have a look at part points. Byman six Amendments to the law concerning dangerous offenders. A good amendment, really. A last bow abolished thank heavens in determining sentences from public protection I'm BP's were done away with. I know there are still some people are serving indeterminant sentences, but of course they were imposed prior to the abolition brought about by last, last so effectively and gave us two new types of sentence for dangerous offenders, the 1st 1 being, of course, a sentence off life. If the judge wants to give life well, what's called an extended determinant sentence now, an extended determinate sentence is really what it says on the team. It's a determinant sentence with something extended and that which is extended is the licence period. The act, of course, permits the judge because this can only happen at the crown call to extend the license in relation to an offensive violence for maximum off five years or in sexual cases for a maximum 08 years on. The license must be a minimum of one year. So let's have a simple example, then have an extended determine its sentence. Hey, you are the sentence is a determinant sentence of nine years, but the license is being extended by three years. This becomes a 12 year sentence, but the determinant part of it is nine years now. The client, the defendant, is eligible for parole to apply for the old from the parole board at the 2/3 stage of the determiner part of the sentence. So, in our example where he was given nine years with an extension of three, he can apply for parole at the six year basis that be 2/3 of nine years. And if he gets paroled, then of course he's on license for six years. This be a 12 year sentence. If he doesn't get paroled at the six year stage, then you can apply the seven year stage. The eight year stage. He's going to be released after nine years because that was the determinant part of the sentence. And if he serves the whole of the nine years, he be on licence for three years. Why? Because this was delivered as a 12 year sentence. Now do note schedule 15 B of the Criminal Justice Act 2000 and three on what I call the four years ago, the four year old quite simply says you cannot be sentenced as a dangerous offender unless the offense merits a determinant sentence of a least four years. That is certainly true of Children on young people, however, with adults 18 or over. There is one exception to the four year rule, and that is that the offender dependent client already has a conviction for an event on schedule 15 B. If that is the case, then he or she can be sentenced as a dangerous offender, even though today's events doesn't married four years. 0.6 amendments to the law concerning reminds of adults and reminds of Children and young people. Yeah, for many exceptions under the Bail Act, and you'll find those exceptions to bail in shed you one at the back of the bay like 1976. For many of those exceptions, Espo voted the law and said, Even if the exception is made out, a remand in custody should know take place. If there is no real prospect of custody at the end of the case now, it doesn't apply toe all of the exceptions. So please be aware of the set exceptions to which he does apply and, of course, by looking at the Magistrate court sentencing guidelines that you'll be able to ascertain whether or not you're playing really is at risk of custody at the end of the case. And if they're not, then even though the exception under the bail act is made out, then bail should still be granted. There'd be no real cost picked in custody at the end of the case. 0.7 and eight for offenders aged 12 all over. We have a new type of Ramon. We have effectively a remand into the care of the local authority on. We were given a new remind by last, so a re mound into youth detention. Accommodation. Why D a only available for people age 12 or over there. Two types of people who might find themselves subject to y d. A. Firstly, those people who have committed violent or sexual offences or offenses would carry 14 years orm or, in the case of an adult, Andi. It is deemed that they need to be in custody for the protection of the public. The other group, you won't come across them very ah, power of thought. These were people who are not committing violent or sexual offences or offences carrying 40 years or more that they are offending Boston Bayer or they are offending what subject to local authority. Non secure reminds Andi. The legislation says their incarceration is required in order to bring their crime wave to an end point. Eight. The introduction of the concept of the consideration of a mandatory minimum sentence introduced into the Magistrates Court for the first time for offenders who threatened people with knives, offensive weapons or related article. Men's even in a public place on school. Crevice Ys six months If you're an adult all four months, if you're a young person by way of a detention on trading order, of course it may be that if you're an adult, you might find yourself committed for sentence. These offenses carry four years on any time points. Nine in 10. Could you still discharge as an option to the core where referral order would otherwise be mandatory? Before that was introduced by last poem. If the call didn't want to give a referral order, the options were fairly limited. Absolute discharge Hospital order all custody. One last bow introduced a full option. If the call don't want to give a referral order, I can do this job. Putting came the abolition of the £5000 cap on a level five buying. Watch out when you're dealing with people. Drink driving, drug driving. The level five fine is now unlimited. Watch out! Pete is also for compensation. Formerly captain. £5000 per events. Compensation is now unlimited in the Magistrates Court. It happened in 12 a new offense of causing serious injury by dangerous driving created by section 143 of last. So I believe it's either way. Five years on in tight squatting was also made a criminal offence. See Section 144 of last year. Creatures of community orders. Creatures have suspended sentences off imprisonment. A new sentencing option available to the court on a breach. The imposition of a fine not exceeding £2500. And, as you know, suspended sentences are available in both the magistrate's court on the Crown Court. Last spoke cause increased the power of a Crown Court judge. The judge could now suspend the sentence off 24 months or less. In the Magistrates course. Of course, the sentence must be 12 months or less the minimum period if the centers is to be a suspended in the Magistrates Court is 14 days no fewer than 14 days, no more than 12 months. No more than 24 months in the ground court. It is so far as the period of the suspension is concerned. A sentence suspended Centres may be suspended but no fewer than six months nor more than two years. Well, there you are. Gosh, 20 minutes. It goes past and very fast, doesn't it? I hope you found that useful. Just a dozen points there in relation to last Po do please bear in mind that mass po is being brought into force on a piecemeal basis by statutory instrument as many of these pieces of legislation are, all statutory instruments are available from the website legislation dot gov dot UK Please, if ever you do come across a last Hotpoint, would you please check that that particular section of last spoke is in force because we know that the entirety of the act isn't in force. The way to do it quite simply, is to get hold of the very latest commencement order, which of course will be a statutory instrument. There will be a shed drawer at the back of that statutory instrument giving you the dates? A bomb which all of the previous sections were brought into force on the various statutory instruments which brought of the Minter faults. Well, there you are. I hope that's helped. And there's an oil for lot Maurin Mass po that you would need to know about. But of course, where time limited. Thank you for watching this. Webinar. Thank you for listening to me. I might do hope that I get your company again. I'm in the not too distant future because I know that I have done several of these bite sized webinars recently for Dangel. Thank you.
Webinar
Slides
Quiz 
2326 Users
82 Courses
118 Reviews
