In calculating the time to be served pursuant to an order under the Powers of Criminal Courts (Sentencing) Act 2000 s.116, justice required account to be taken of time spent in prison between recall to custody to serve the balance of a licence period for a previous offence and sentencing for a new offence committed while on licence.
CHILD SEX OFFENCES CREDIT FOR TIME SERVED EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN OFFENDING ON LICENCE ORDER UNDER S.116 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 PERIOD BETWEEN RECALL TO CUSTODY AND SENTENCING FOR NEW OFFENCE POSSESSION OF EXTREME PORNOGRAPHIC IMAGES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.116 RETURN TO CUSTODY s.116(1) s.116(2) s.116(2)(a) s.116(6)(b) s.85 s.85(1) SENTENCE LENGTH SENTENCING SENTENCING POWERS
An indeterminate sentence was quashed and replaced with an extended sentence of 12 years’ imprisonment, comprising a custodial term of seven-and-a-half years and an extended licence period of four-and-a-half years, following an offender’s conviction for rape. A pre-sentence report had detailed a significant change in the offender’s attitude towards the offence, in particular an acknowledgment of guilt.
EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION RAPE REAL PROGRESS MADE TOWARDS REDUCING RISK OF HARM TO PUBLIC SECOND OFFENCE OF RAPE SENTENCING SEXUAL OFFENCES
An extended licence period which had been imposed on a young man who had committed a number of offences against prostitutes would be reduced from five to three years to take into account his progress in prison and his acceptance of guilt.
EXTENDED SENTENCES EXTENSION PERIODS OFFENDER COMMITTING OFFENCES AGAINST PROSTITUTES RAPE ROBBERY SENTENCING SEXUAL OFFENCES THREATENING TO KILL WHETHER REDUCTION IN EXTENDED LICENCE PERIOD APPROPRIATE WOUNDING WITH INTENT
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 the maximum sentences allowable.
CORRECTIONS TO POSSESSION SENTENCES WHERE ABOVE MAXIMUM SENTENCES ALLOWED CRIMINAL JUSTICE ACT 1988 s.160 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 s.63(7) DANGEROUSNESS EXTENDED SENTENCES GRAVITY AND SCALE OF MATERIAL HIGH STARTING POINT ABOVE SENTENCING GUIDELINES INDECENT PHOTOGRAPHS OF CHILDREN POSSESSION OF EXTREME PORNOGRAPHIC IMAGES SENTENCING UNLAWFUL SENTENCES
The court set aside a sentence of imprisonment for public protection imposed on an offender who had been convicted of raping his two stepdaughters over a number of years. Although the offender was dangerous and posed a high risk of harm, the public could adequately be protected by the imposition of a 20-year extended sentence.
CHOICE OF IMPRISONMENT FOR PUBLIC PROTECTION OR EXTENDED SENTENCE DANGEROUS OFFENDERS EXTENDED SENTENCE OFFERING ADEQUATE PROTECTION AGAINST RISK EXTENDED SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION OFFENDER RAPING STEPDAUGHTERS RAPE SENTENCING STEPCHILDREN
An extended sentence was reduced on appeal to less than 30 months even though the offender had already served the sentence. The judge had imposed the lengthy extension period in order for the defendant to attend a sex offender treatment programme, but had not intended the consequence that the defendant would remain on the sex offender’s register for life.
EXTENDED SENTENCE CAUSING DEFENDANT TO REMAIN ON SEX OFFENDER’S REGISTER FOR LIFE EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN NOTIFICATION REQUIREMENTS OFFENDER PROGRAMMES PENOLOGY AND CRIMINOLOGY REDUCTION OF SENTENCE REDUCTION ON APPEAL BELOW 30-MONTH THRESHOLD SENTENCING SEX OFFENDERS REGISTER UNINTENDED CONSEQUENCE OF EXTENDED SENTENCE
An offence of sexual assault, although a bad offence within its category, did not justify the imposition of an extended sentence. A sentence of two years’ imprisonment was substituted.
CRIMINAL JUSTICE ACT 2003 Sch.15A DRAFTING EXTENDED SENTENCES RESIDENT OF CARE HOME CARRYING OUT VIOLENT SEXUAL ATTACK ON SOCIAL SERVICES MANAGER s.227 s.227(2) s.227(2)(a) SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ASSAULT SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS
A six-year extended licence period, imposed upon an offender who had pleaded guilty to four sexual assaults, was excessive. A four-year extended licence, equivalent to the appropriate custodial term, was therefore imposed.
DANGEROUS OFFENDERS EXTENDED LICENCE EQUIVALENT TO APPROPRIATE CUSTODIAL SENTENCE EXTENDED SENTENCES LICENCE PERIODS OFFENDER GUILTY OF FOUR SEXUAL ASSAULTS SENTENCING SEXUAL ASSAULT TOTALITY OF SENTENCE
A total sentence of seven years’ imprisonment with an extended licence period of two years imposed on an offender following his pleas of guilty to three counts of sexual assault was manifestly excessive and was reduced to six years’ imprisonment; further, the extended licence period was not warranted.
APPROPRIATE TOTAL SENTENCE FOR THREE OFFENCES OF SEXUAL ASSAULT APPROPRIATENESS OF EXTENDED LICENCE PERIOD CRIMINAL JUSTICE ACT 2003 Sch.15A EXTENDED SENTENCES LICENCE PERIODS s.227(2) s.240 s.3 SENTENCING SEXUAL ASSAULT SEXUAL OFFENCES TOTALITY OF SENTENCE
A total extended sentence of 11 years and four months, comprising eight years and four months’ custody and a three-year extension period, imposed for four counts of indecency with a child and 10 counts of indecent assault on a female, was manifestly excessive as there was no justification for an extension period and it was undesirable to have terms of imprisonment consecutive with an extended sentence. The extension period was removed.
APPROPRIATENESS OF TWO CONSECUTIVE EXTENDED SENTENCES CHILD SEX OFFENCES CONSECUTIVE SENTENCES EXTENDED SENTENCES INDECENT ASSAULT SENTENCING
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