Sensitive Sentencing

Written by admin
January 6th, 2019

It’s a strange fact of legal life that scant regard is often paid to the wishes of the client at sentence.

For many, of course, sentence is the moment for punishment. To ask somebody what punishment they would like seems paradoxical and indeed it often is.

In other circumstances, it is a question of a court administering some “tough love”, which again might not be top of the defendant’s own wish list.

There are of course those occasions when a court can find itself in real difficulty! Some clients will say in terms that they know that they cannot cope with a particular sort of sentence at a particular point in time, however advantageous that sentence may seem to be. The client who needs to detoxify but knows that he or she can only do it behind bars. The client in a long term dispute with his or her partner or parents, who knows that things cannot change quickly enough under a community order to stop them re-offending. The client who just doesn’t want to be living in the only accommodation that is available to them right now and will do anything to get out of it.

There are times when a court just has to sit back and say on this occasion the client knows best. Where a court imposes its own paternalistic or maternalistic desires it can’t behold that court to then be angry and offended when the inevitable breach proceedings are brought.

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Categories: Criminal Law

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