Late Abortion Cases – Sentencing

  In July 2023, the Court of Appeal quashed a sentence of 28 months imprisonment and substituted a sentence of 14 months imprisonment, suspended for two years. The case concerned an offence of administering poison with intent to procure miscarriage, with respect to a pregnancy in the range of 32 to 34 weeks (so a … Continued

Sentencing Guidelines for Sexual Offences

The Sentencing Council has this week published revised sentencing guidelines for a number of sexual offences.These new guidelines will apply to those sentenced on or after 31 May 2022, and in one case to those sentenced on or after 1 July 2022. Which offences are covered by these changes? The revisions cover: Arranging or facilitating … Continued

Trade mark offences – new sentencing guidelines

The Sentencing Council produces guidelines on sentencing for the judiciary and criminal justice professionals. The aim is to promote greater consistency in sentencing whilst maintaining the independence of the judiciary. The guidelines set sentencing ranges within the maximum for the offence and must be followed unless the court is satisfied that it would not be … Continued

Good character as mitigation

What is good character?  As far as the criminal courts are concerned, a person of good character is usually someone without convictions or cautions recorded against them. It is of particular relevance in a trial situation as the court will consider good character in assessing the likelihood of you committing the offence and also your … Continued

A Smarter Approach to Sentencing?

This is the name of the paper presented to Parliament that proposes changes to the sentencing and release frameworks in the criminal justice system. The paper sets out the “problems” they have identified in the system as being automatic release, improving confidence and addressing the causes of offending. Automatic release – the blanket use of automatic … Continued

Sentencing as you turn 18 – Beware the Cliff Edge

Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: “It was imposed on the appellant in the Crown Court not long after his 18th birthday for an offence committed … Continued