Posts Tagged ‘ sentencing bench ’


THE RISE AND RISE OF THE DEFERRED SENTENCE

Written by admin
May 27th, 2019

Some years ago both Magistrates’ and Crown Court judges were actively dissuaded from deferring sentence. A sentence that was deferred was thought to be a sentence that was taking a price as much of the court’s time as was really necessary. There was a sense that deferring was an indication of weakness or an inability to make a decision.

Happily, in recent times the deferred sentence has seen a considerable resurgence. A deferred sentence gives the courts an opportunity to see what a particular client is made of. By setting goals that the defendant can work towards over a three, four, five, or six month period, a court is able to get the true measure of an individual’s determination or present trajectory.

Sometimes the court will require that a client simply stays out of trouble, on other occasions they will look for appointments to be kept, negative drugs tests to be provided, employment to be found or opportunities to be taken up.

At the point when sentenced is passed, the court will have a very clear sense of whether a particular defendant is somebody with whom the court can work or whom the court can trust with a non-custodial sentencing option.

The return of the deferred sentence is an indication that courts are looking to reach the right decision, rather than just getting the case off their books at the earliest opportunity. There is nothing wrong with those who prefer to defer!

The Curse of the Curfew

Written by admin
January 10th, 2019

Many clients, charged with serious offences, who only secure bail by agreeing to a curfew, will find that they are far less happy at that period of home detention if charges are reduced.

A robber, who suddenly becomes a handler, may find real frustration in remaining on a curfew whilst a pre-sentence report is being prepared. Somebody who starts off facing a Section 18, only to have that charge reduced to an ABH, will often feel aggrieved if they are still prevented from going out at the weekend for a post-work jar or two.

Where a client has been subject to a curfew, it is vitally important to impress on the sentencing bench not only how long that curfew has been in place but also the various effects that it has had on a defendant. Whether the curfew has prevented them doing overtime, stopped them visiting friends, stopped them participating in regular pursuits such as sport or even cinema-going, it is important that the court understands the effect that the curfew has had. Where one member of a family has had to put on another family member to walk the dog or pop out to the late night store, it may be important for the court to know how that has affected the relationship between them. In some cases, relationships will have been put under pressure or even broken down because of the close proximity in which two individuals have been kept.

Only if a court truly knows the effect of a curfew can it take it into account when assessing the sort of sentence that is now fair in all the circumstances of the case.

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