Following the appellant’s retrial for sexual offences, the judge had been correct to impose a special sentence of custody for offenders of particular concern. However, the term imposed, namely a custodial term of 16 years and an extended licence period of one year, contravened the Criminal Appeal Act 1968 Sch.2 para.2(1) because it was “of […]
An application for a writ of habeas corpus by a prisoner who had been sentenced to imprisonment for public protection when his offence pre-dated the coming into force of the Criminal Justice Act 2003 failed. The sentencing judge had had competent jurisdiction to direct both imprisonment and a minimum term. Her order could not, therefore, […]
A sentence of imprisonment for public protection, which had been unlawfully imposed following an offender’s guilty pleas to two offences of indecent assault committed before the Criminal Justice Act 2003 Pt 12 s.225 came into force, was quashed and replaced by an extended sentence.
A sentencing judge had no jurisdiction to vary a sentence once the time period in the Powers of Criminal Courts (Sentencing) Act 2000 s.155 had expired. The case of R. v Saville (Peter Davies) [1981] Q.B. 12 provided no authority to the contrary.
A victim surcharge order imposed against the appellant was unlawful as his offences had been committed prior to October 1, 2012, when an order could only be imposed if the defendant was sentenced to a fine, which was not the case with the appellant.
Although imprisonment for public protection was a sentence of last resort, it was appropriate where there was nothing to say that the risk posed by a dangerous defendant would be significantly reduced by the time of the projected release date from a determinate or extended sentence.
When sentencing an offender for making and distributing indecent images of children, a judge had been entitled to take a high starting point above the sentencing guidelines to reflect the scale, gravity and grotesqueness of the material before him. However, extended sentences relating to possession of such images had to be corrected as they exceeded […]
There was no power to add an extended sentence to a detention and training order under the Powers of Criminal Courts (Sentencing) Act 2000 s.85 .
