Archive for the ‘Criminal Offences’ Category

Criminal Justice and Courts Act 2015 – Sentencing Changes

Posted on: March 24th, 2015 by steve

New sentencing measures to take effect on 13 April 2015

When the Criminal Justice and Courts Act 2015 takes effect next month, tougher sentencing measures, new criminal offences and a more balanced judicial review system will come into force.

Changes in the law will include:-

Increased prison terms for serious crimes such as certain terrorism offences and internet trolling;
Anyone who kills a police or prison officer in the line of duty faces spending the rest of their life behind bars; and
An end to the automatic release of those jailed for child rape and serious terrorism offences half-way through their prison sentence.

New offences coming into force include:-

Revenge pornography;
Causing serious injury by driving while disqualified; and
Remaining unlawfully at large following a recall from licence.

The Act also reduces the burden of the costs of courts on taxpayers by making criminals pay towards the cost of their court cases.

Another change is that reforms will be introduced which will balance the judicial review system so justice is done but unmerited, costly and time-wasting applications no longer stifle progress.

The Act received Royal Assent on 12 February and commencement orders have now been made.

If you are being charged with or investigated for a criminal offence, get the experts on your side by calling our team of criminal defence solicitors now on 01623 397200.

Possession of a Knife or Offensive Weapon

Posted on: March 13th, 2015 by steve

Possession of a Knife or Offensive Weapon

Possession of a knife or offensive weapon is a serious offence. The Criminal Justice System dealt with almost 4,000 of these cases in the fourth quarter of 2014 (from October to December).

While the incidences of this offence peaked in 2008 at over 7,000 cases, the reduction in the incidences now appears to have leveled off, and the figures for the October to December period have tended to be lower than the previous months.

These crimes are mainly committed by adults (81%) and in just under a third of cases, an immediate custodial sentence was imposed, with one in five cases resulting in a suspended sentence.

Worrying statistics for defendants are the facts that the number of offenders given cautions is reducing over time, and juvenile offenders are now more likely to receive an immediate custodial sentence, with 1 in every 10 now being sent to prison for possession of a knife or offensive weapon offences.

Defendants convicted of offences that involve the possession of an item that has a blade or point are more likely to be given an immediate custodial sentence than those convicted of offences involving other offensive weapons, with the average custodial offence being for 224 days.

The length of custodial sentences imposed is increasing over time, with the average custodial sentence in October-December 2007 standing at 71% shorter, at 131 days.

Unsurprisingly, defendants convicted who have previous convictions or cautions for possession offences are dealt with more harshly by the courts and are more likely to receive custodial sentences. For defendants with at least one previous possession offence on their record, 45% were sentenced to immediate custody in the 12 months to December 2014.

The relatively new offence of aggravated knife possession came into force on 3 December 2012, and in the 12 months to December 2014, there had been a total of 426 incidences of this, with 330 incidences by adults and 96 by juveniles. For offenders aged 16 or over, 60% received immediate custodial sentences.

In total, as at 26 December 2014, there were 404 people serving custodial sentences for possession of an offensive weapon.

These statistics highlight how important it is that you receive expert legal advice if you are charged with possession of a knife or offensive weapon. Call our dedicated team now on 01623 397200 and get the experts on your side.

What Is A Conditional Discharge?

Posted on: March 6th, 2015 by steve

What Is A Conditional Discharge?

A conditional discharge is a penalty that can be imposed where the court feel that given the character of the offender and the nature of the offence, it is not appropriate to impose a punishment.

There are two types of discharges – absolute discharge and conditional discharge.

An absolute discharge means that no further action is taken, although the offender is convicted of the offence and receives a criminal record. Absolute discharges are used by the court in very minor cases or where it is felt that the offender has received adequate deterrent without punishment being imposed.

A conditional discharge means that the offender is released, with the offence placed on their criminal record, but gives the court the power to review sentencing for the offence if the offender commits any further offence within a time period set by the court. The maximum time period for this is three years.

If the offender does commit a further offence within that time period, they may be recalled and resentenced for the original matter as well as the new matter.

Discharges do not prevent the court from ordering that the offender should pay compensation to a victim or contribute to the prosecution’s costs. A person can also receive a discharge and still be disqualified from driving by the court.

In cases where a person has pleaded not guilty, the court can find guilt and impose an absolute or conditional discharge. This is worth mentioning as many people fear that the court must be more severe with sentencing if a person is found guilty after trial.

Forrest Williams recently secured a conditional discharge for a client charged with common assault.

If you have been charged with a criminal offence, contact our expert team now for a free telephone consultation on 01623 397200.

Criminal Defence Blog

Archive for the ‘Criminal Offences’ Category

Criminal Justice and Courts Act 2015 – Sentencing Changes

Possession of a Knife or Offensive Weapon

What Is A Conditional Discharge?

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