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Criminal Sentencing: Case Law, Legislation, Links 08-03-17

All matters involving criminal law

Criminal Sentencing: Case Law, Legislation, Links 08-03-17

Postby dls » Wed Mar 08, 2017 10:27 am

Criminal Sentencing, including proceeds of crime.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Attorney Generals Reference -v- Nos. 31, 45, 43, 42, 50 & 51 of 2003; Regina -v- McInerney; Regina -v- McLean; CACD 16-Jul-2004 - The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment.
    B (Algeria) -v- Secretary of State for The Home Department; SC 30-Jan-2013 - B had been under arrest on suspicion of involvement in terrorist activity, but had not revealed his identity, in contempt of court orders to do so, so that the respondent was unable to secure a destiny for his deportation. He had been sentenced to four months imprisonment for this contempt by the Special Immigration Appeals Tribunal (SIAC). B appealed saying that the sentence infringed his article 3 and 8 rights, since imprisonment would lead to a revival of a medical condition, paranoid psychosis through refusing medication.
    Hall -v- Regina; CACD 8-Feb-2013 - The defendant had been convicted of the importation of large volumes of cocaine. He was however at the time of sentencing, “a man who suffers from an extremely grave combination of rare long term medical conditions which interfere with virtually all his bodily functions and require 24 hour monitoring and a very high level of constant assistance in most of the ordinary incidents of life.” He appealed against a sentence of three years, saying that in his condition any incarceration would result in inhuman and degrading punishment.
    Higgs and Mitchell -v- The Minister of National Security and others; PC 14-Dec-1999 - (Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS.
    Leacock and Others, Regina -v-; CACD 12-Nov-2013 - The defendants sought leave to appeal against their sentences, saying that the time served calculations had not included time spent subject to curfew and otherwise.
    Maye, Re (Northern Ireland); HL 6-Feb-2008 - The defendant had admitted charges of obtaining property by deception. A confiscation hearing concluded that he had benefitted to a much greater extent than could be recoverd. Before then however both his parents had died, and he stood to inherit further sums, though grants had not been taken out. The DPP applied to vary the confiscation order to allow for the anticipated increase in his funds. He had also since settled an action against the police in which he was awarded £2,500 for false imprisonment.
    Regina -v- Alfreton Justices, Ex Parte Gratton; QBD 25-Nov-1993 - The appellant community charge payer (under 21) appealed after being committed to prison for non payment of the tax. The magistrates had come to the conclusion that they could not consider attaching the applicant’s liability to pay the charge to his income support as a viable alternative to prison.
    Regina -v- Edwards (Sharon) (Attorney General’s Reference No 67 of 2008); CACD 20-Jan-2009 - The Attorney General appealed against a sentence of twelve months imprisonment suspended for two years with two years supervision imposed on a woman aged 39 having had sex with a 14 year old boy.
    Held: The court had wrongly taken account of the sex of the victim and reduced the sentence accordingly. The Act made no distinction between the sexes, and the court should not either. The sentence should not have been suspended.
    Regina -v- Qazi and Another; CACD 4-Nov-2010 - The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights.
Legislation:
    1960
      Indecency with Children Act 1960 / 33 -|- Case law -|- See Also: Crime, Children
      An Act to make further provision for the punishment of indecent conduct towards young children, and to increase the maximum sentence of imprisonment under the Sexual Offences Act 1956, for certain existing offences against young girls.
    1961
      Criminal Justice Act 1961 / 39 -|- Case law -|- See Also:, Prisons
      An Act to amend the law with respect to the powers of courts in respect of young offenders; to make further provision as to the treatment of prisoners and other persons committed to custody, including provision for their supervision after discharge, and the management of prisons, approved schools and other institutions; to re-enact with modifications and additions certain statutory provisions relating to the removal,return and supervision of prisoners within the British Islands; and for purposes connected with the matters aforesaid.
    1962
    1963
      Public Order Act 1963 / 52 -|- Case law
      An Act to increase the penalties for offences under section 5 of the Public Order Act 1936 and section 1 of the Public Meeting Act 1908
    1965
      Murder (Abolition of Death Penalty) Act 1965 / 71 -|- Case law
      An Act to abolish capital punishment in the case of persons convicted in Great Britain of murder or convicted of murder or a corresponding offence by court-martial and, in connection therewith, to make further provision for the punishment of persons so convicted.
    1972
      Criminal Justice Act 1972 / 71 -|- Case law -|- See Also:, Criminal Practice
      An Act to make further provision with respect to the administration of criminal justice, the criminal courts and the penal system, and to the methods of dealing with offenders (including the provision of new methods); to amend the law about qualification for jury service, the summoning of jurors and the payment of allowances in respect of jury service; to increase the penalties for certain offences and amend section 21 of the Firearms Act 1968 and section 9 of the Public Order Act 1936; and for purposes connected with those matters.
    1974
      Rehabilitation of Offenders Act 1974 / 53 -|- Case law -|- See Also:, Defamation, Information, Media
      An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith.
    1977
      Criminal Law Act 1977 / 45 -|- Case law -|- See Also: Crime, Legal Aid, Coroners
      An Act to amend the law of England and Wales with respect to criminal conspiracy; to make new provision in that law, in place of the provisions of the common law and the Statutes of Forcible Entry, for restricting the use or threat of violence for securing entry into any premises and for penalising unauthorised entry or remaining on premises in certain circumstances; otherwise to amend the criminal law, including the law with respect to the administration of criminal justice; to provide for the alteration of certain pecuniary and other limits; to amend section 9(4) of the Administration of Justice Act 1973, the Legal Aid Act 1974, the Rabies Act 1974 and the Diseases of Animals (Northern Ireland) Order 1975 and the law about juries and coroners’ inquests; and for connected purposes.
    1988
      Road Traffic Offenders Act 1988 / 53 -|- Case law -|- See Also: Road Traffic, Scotland
      An Act to consolidate certain enactments relating to the prosecution and punishment (including the punishment without conviction) of road traffic offences with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
      Criminal Justice Act 1988 / 33 -|- Case law -|- See Also: Criminal Evidence, Crime, Extradition
      An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.
    1991
      Criminal Justice Act 1991 / 53 -|- Case law
      An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes.
    1997
      Sex Offenders Act 1997 / 51 -|- Case law -|- See Also:, Crime, Police
      An Act to require the notification of information to the police by persons who have committed certain sexual offences; to make provision with respect to the commission of certain sexual acts outside the United Kingdom; and for connected purposes.
      Crime (Sentences) Act 1997 / 43 -|- Case law
      An Act to make further provision with respect to the treatment of offenders; and for connected purposes.
    2000
    2002
      Proceeds of Crime Act 2002 / 29 -|- Explanatory Note -|- Case law
      An Act to establish the Assets Recovery Agency and make provision about the appointment of its Director and his functions (including Revenue functions), to provide for confiscation orders in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to make provision about money laundering, to make provision about investigations relating to benefit from criminal conduct or to property which is or represents property obtained through unlawful conduct or to money laundering, to make provision to give effect to overseas requests and orders made where property is found or believed to be obtained through criminal conduct, and for connected purposes.
    2003
      The National Police Records (Recordable Offences) Regulations 2003 / 2823 -|- Explanatory Note -|- Case law -|- See Also: Police
      The Secretary of State, in exercise of the powers conferred upon him by section 27(4) of the Police and Criminal Evidence Act 1984(1), hereby makes the following Regulations:
      Criminal Justice Act 2003 / 36 -|- Case law -|- See Also: Crime, Criminal Practice
      An Act to make provision about the jurisdiction of courts in England and Wales in relation to certain offences of dishonesty and blackmail; to amend the law about drug trafficking offences and to implement provisions of the Community Council Directive No. 91/308/EEC; to amend Part VI of the Criminal Justice Act 1988; to make provision with respect to the financing of terrorism, the proceeds of terrorist-related activities and the investigation of terrorist activities; to amend Part I of the Criminal Justice Act 1991; to implement provisions of the Community Council Directive No. 89/592/EEC and to amend and restate the law about insider dealing in securities; to provide for certain offences created by the Banking Coordination (Second Council Directive) Regulations 1992 to be punishable in the same way as offences under sections 39, 40 and 41 of the Banking Act 1987 and to enable regulations implementing Article 15 of the Community Council Directive No. 89/646/EEC and Articles 3, 6 and 7 of the Community Council Directive No. 92/30/EEC to create offences punishable in that way; to make provision with respect to the penalty for causing death by dangerous driving or causing death by careless driving while under the influence of drink or drugs; to make it an offence to assist in or induce certain conduct which for the purposes of, or in connection with, the provisions of Community law is unlawful in another member State; to provide for the introduction of safeguards in connection with the return of persons under backing of warrants arrangements; to amend the Criminal Procedure (Scotland) Act 1975 and Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and for connected purposes.
    2004
      Domestic Violence, Crime and Victims Act 2004 / 28 -|- Explanatory Note -|- Case law -|- See Also: Family, Crime, Criminal Practice
      An Act to amend Part 4 of the Family Law Act 1996, the Protection from Harassment Act 1997 and the Protection from Harassment (Northern Ireland) Order 1997; to make provision about homicide; to make common assault an arrestable offence; to make provision for the payment of surcharges by offenders; to make provision about alternative verdicts; to provide for a procedure under which a jury tries only sample counts on an indictment; to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; to make provision about the execution of warrants; to make provision about the enforcement of orders imposed on conviction; to amend section 58 of the Criminal Justice Act 2003 and to amend Part 12 of that Act in relation to intermittent custody; to make provision in relation to victims of offences, witnesses of offences and others affected by offences; and to make provision about the recovery of compensation from offenders.
    2005
    2007
    2008
      Criminal Justice and Immigration Act 2008 / 4 -|- Explanatory Note -|- Case law -|- See Also: Crime, Immigration
      An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.
    2012
      The National Police Records (Recordable Offences) Regulations 2012 / 1713 -|- Explanatory Note -|- Case law -|- See Also: Police
      The Secretary of State, in exercise of the powers conferred by section 27(4) of the Police and Criminal Evidence Act 1984, makes the following Regulations.
      Legal Aid, Sentencing and Punishment of Offenders Act 2012 / 10 -|- Explanatory Note -|- Case law -|- See Also: Legal Aid
      An Act to make provision about legal aid; to make further provision about funding legal services; to make provision about costs and other amounts awarded in civil and criminal proceedings; to make provision about referral fees in connection with the provision of legal services; to make provision about sentencing offenders, including provision about release on licence or otherwise; to make provision about the collection of fines and other sums; to make provision about bail and about remand otherwise than on bail; to make provision about the employment, payment and transfer of persons detained in prisons and other institutions; to make provision about penalty notices for disorderly behaviour and cautions; to make provision about the rehabilitation of offenders; to create new offences of threatening with a weapon in public or on school premises and of causing serious injury by dangerous driving; to create a new offence relating to squatting; to increase penalties for offences relating to scrap metal dealing and to create a new offence relating to payment for scrap metal; and to amend section 76 of the Criminal Justice and Immigration Act 2008.
    2014
      Offender Rehabilitation Act 2014 / 11 -|- Case law
      An Act to make provision about the release, and supervision after release, of offenders; to make provision about the extension period for extended sentence prisoners; to make provision about community orders and suspended sentence orders; and for connected purposes.
    2015
      Modern Slavery Act 2015 / 30 -|- Case law -|- See Also: Crime, Human Rights, Criminal Evidence, Transport
      An Act to make provision about slavery, servitude and forced or compulsory labour and about human trafficking, including provision for the protection of victims; to make provision for an Independent Anti-slavery Commissioner; and for connected purposes.

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