Sentencing - Rutherford, Kotech and Macfarle

• • The sentencing regime in England and Wales is now almost entirely governed by the sentencing code, introduced by the Sentencing Act 2020.
  • Contains duty of courts to follow relevant sentencing guidelines unless contrary to interests of justice
• • Sentencing Act 2020 + Sentencing code was result of 2018 Law Commission Report, recommending consolidating the Law of sentencing to a singular sentencing statute.
  • Means practitioners and law students no longer need to be familiar with sentencing provisions that have been in force at various points in the past.
• Key Aspects of the sentencing code: IT DOES

  • Consolidate into one code most sentencing procedure law (over 5 pieces of primary legislation) and is compatible with existing sentencing guidelines
  • Apply to all convictions covered by the code on or after dec 1 2020
  • Apply retrospectively, so the date of conviction is the relevant date, not date offence was committed
  • Introduce a new Clean sweep approach
  • Make amendment easy
• Key aspects of the sentencing code: IT DOES NOT

  • Make changes to the maximum sentence or mandatory minimum sentence for any offence
  • Apply to the re-sentencing in the case of appeals against original convictions made prior to dec 1 2020
  • Impose any heavier penalty that that was available at the commission of the offence despite its retrospectiveness
  • Make changes to any type of sentencing
• Sentencing code does not apply to:

  • Sentences under the Road Traffic Act
  • Confiscation orders under the proceeds of Crime Act 2002
  • The release, recall are re-release of offenders from custody, probation, or on licence
  • Orders under the Mental Health Act 1983 or provisions about an accused being unfit to plead but found to have done the act to commission accused of