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  2. Following the planned implementation of many of the sentencing provisions in the 2003 Act in April 2005, this guideline deals with the general concept of seriousness in the light of those provisions and considers how sentencers should determine when the respective sentencing thresholds have been crossed when applying the provisions of the Act.

    • 674KB
    • 14
    • Introduction
    • Summary only Offences
    • Either Way Offences
    • Indictable-Only Offences
    • Selecting The Most Appropriate Charge Or Charges
    • Acceptability of Pleas

    This guidance is intended to assist prosecutors by outlining key offences against the person and in particular, to assist with selecting the appropriate charge where there may be a choice. It is not an exhaustive account of all offences against the person but rather a guide to some key offences. In some circumstances prosecutors should also conside...

    These offences carry a maximum penalty of six months’ imprisonment. The statutory time limit in section 127 Magistrates’ Court 1980will apply: proceedings must be commenced within 6 months of the date the offence was committed. Note the exception for domestic abuse battery, below.

    The offences which are triable either in the magistrates’ court or Crown Court vary in their maximum penalty between 2 years’ imprisonment and 5 years.

    The following offences triable only in the Crown Court carry a maximum sentence of life imprisonment.

    The following approach process may assist prosecutors. First, determine the level of injury. Second, take a step back and, taking into account all the circumstances, select the appropriate charge.

    Prosecutors should apply section 9 of the Code for Crown Prosecutors when deciding whether to accept pleas and also have regard to the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise. The case strategy in an offence against the person case will consider the offer of pleas, if they are ac...

  3. There is no single, specific legal definition of what constitutes a serious crime. The Serious Crime Act that came into law in 2015 doesn’t provide a single definition, but it did introduce provisions relating to a number of specific offences and strengthened those in relation to others.

  4. www.lawsociety.org.uk › public › for-public-visitorsCriminal law - The Law Society

    What is criminal law? The criminal law sets out the definitions of criminal offences and the rules and procedures that apply when: the police investigate an offence they allege you have committed. the prosecuting authorities charge you, and. you must appear in a criminal court.

  5. Apr 24, 2023 · Identifying quickly and accurately the risks posed by a suspect toward a victim, group of victims or a victim's family is a crucial step in increasing their safety. Cases involving stalking or...

  6. Oct 15, 2024 · There is no definition of 'mercy killing' in statute or common law. An offender who takes the life or attempts to take the life of a victim may act on the wishes of the victim and...

  7. Serious crime is defined in section 93 (4) of the Police Act 1997 as: 'Conduct which: (a) involves the use of violence, results in substantial financial gain or is conducted by a large number of persons in pursuit of a common purpose or.

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