header-logo header-logo

No risk of double counting as sentencing demystified

24 July 2019
Issue: 7850 / Categories: Legal News , Criminal
printer mail-detail
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
printer mail-details

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll