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24 July 2019
Issue: 7850 / Categories: Legal News , Criminal
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No risk of double counting as sentencing demystified

The Sentencing Council has reassured MPs there will be no risk of ‘double counting or overlapping’ in its proposals to expand explanations in sentencing guidelines. 

In February, the Sentencing Council proposed embedding additional information into offence-specific sentencing guidelines to make it easier for judges and lawyers to access the information.

The Justice Committee, scrutinising the proposals, highlighted concerns that there could be an overlap between offence-specific factors relating to culpability and aggravating or mitigating factors. However, the Sentencing Council has now confirmed that judges will be given reminders to avoid ‘double counting’.

Chair of the Justice Committee, Bob Neill MP, said: ‘We feel that including the reminder to sentencers at the beginning of every expanded explanation is a sensible step.’

The Committee has asked the Council to supply a ‘nonexhaustive list of items’ that have been held to be weapons, as this is often a confusing issue for magistrates and judges.

It also raised concerns that judges may be under pressure to produce pre-sentence reports too quickly, at the expense of detailed information on offenders. For offenders who committed crimes while under the influence of alcohol or drugs, the Committee suggested that the explanatory text be reworded to acknowledge that the offender may have intended to seek help but been thwarted by limitations in the availability of local treatment facilities.

It also suggested that ‘good character’ should have no relevance where there is a proven pattern of behaviour, and that judges should be referred to domestic abuse guidelines, given that an abuser often conceals their behaviour by cultivating a public ‘face’ of decency through charity work or other good deeds.

Issue: 7850 / Categories: Legal News , Criminal
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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