The Sentencing Council has issued new guidelines affecting all offenders aged eighteen or over who are sentenced on or after 1st October 2018, regardless of the actual date of the offence.
The guidelines are issued in accordance with section 120 Coroners and Justice Act 2009 which provides that guidelines must be followed ‘unless the court is satisfied it would be contrary to the interests of justice to do so’.
Nazaqat Maqsoom of Kangs Solicitors outlines the new guidelines.
Offences Affected | Kangs Sentencing Guidelines Advisory Team
The guidelines apply to various offences such as:
- disclosing private sexual images (Revenge Porn),
- threats to kill and
- controlling or coercive behaviour in an intimate or family relationship.
For more information on these offences please visit the links below:
Operation of the Guidelines | Kangs Intimidatory Offences Defence Solicitors
The guidelines are designed to ensure that an effective and consistent approach is adopted throughout the sentencing process and provide detailed guidance under the following heads:
- Determining the offence category
- Starting point and category range
- Factors which indicate a reduction for assistance of the Prosecution
- Reduction for guilty pleas
- Consideration of extended sentence for dangerousness
- Overall offending behaviour and consideration of other sentences.
- Financial compensation and ancillary orders
- Explanation for decisions reached
- Consideration for any time spent on bail.
Within each of these heads are set out extremely detailed further categories such as:
- Level of culpability
- Extent of harm caused
- Aggravating factors
- Extent of racial or religious aggravation
How Can We Assist? | Kangs Serious Crime Defence Solicitors
Given the complexity of the new guidelines and sentencing options available it is essential that expert legal advice is sought whenever their implementation may be a cause for concern.
Kangs Solicitors have a wealth of knowledge and experience in dealing with matters involving violence against the person and criminal offences of all description and defend clients facing such allegations throughout the country on a daily basis.
Should you require assistance please do not hesitate to contact our team through any one of the following who will be pleased to speak to you: