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What is a serious crime?
How serious is an offence in a criminal case?
What makes a crime a serious crime?
What is the risk of serious harm?
What is a'serious harm' if a person is convicted?
How do you assess the seriousness of an offence?
A court is required to pass a sentence that is commensurate with the seriousness of the offence. The . seriousness . of an offence is determined by two main parameters; the culpability of the offender and the harm caused or risked being caused by the offence. 1.5 . Section 143(1) Criminal Justice Act 2003 provides:
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- 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...
The law can be complicated and it is often described in technical terminology that many people might find unfamiliar. This glossary provides short definitions of legal terms you will find on this website. Solicitors are the experts when it comes to the law and how it affects you.
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.
The OASys risk assessment tool defines “serious harm” as: “an event which is life threatening and/or traumatic and from which recovery, whether physical or psychological, can be expected to be...
Apr 24, 2023 · the summary-only offences of stalking (section 2A) and harassment (section 2), which carry the maximum general sentence a magistrates’ court can impose. As summary offences, an information...
Dec 16, 2004 · Published on: 16 December 2004. Overarching Principles – Seriousness: Definitive guideline. Superseded by the General guideline 1 October 2019. Definitive sentencing guideline for use in courts in England and Wales on seriousness. When determining the appropriate sentence the sentencer must consider the seriousness of the offence.
