Criminal Litigation & Sentencing 6/e,9781859418499

Criminal Litigation & Sentencing 6/e

by
Edition: 6th
ISBN13: 9781859418499
ISBN10: 185941849X
Format: Paperback
Pub. Date: 2004-10-05
Publisher(s): Routledge Caven
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Summary

Criminal Litigation and Sentencing provides a comprehensive, analytical, and up-to-date guide to each step of criminal procedure, from the arrest of the suspect through to trial, sentencing and appeals. Full account is taken of recent statutory changes, including the Criminal Justice Act 2003, and of recent case law. This is the ideal textbook for students on the Bar Vocational Course or the Legal Practice Course, and for those studying Criminal Procedure as part of an LLB or LLM. It is also a very useful handbook for practitioners who appear in the criminal courts.

Table of Contents

Preface vii
Table of Cases
xxvii
Table of Statutes
li
Table of Statutory Instruments
lxv
Table of European Legislation
lxviii
Preliminaries
1(86)
Introduction
1(1)
Some basic terminology
1(1)
Commencing proceedings
1(1)
Summons
1(5)
Laying an information
2(1)
Issuing a summons
2(1)
Contents of the summons
3(1)
Serving the summons
4(1)
A new method of instituting proceedings
4(2)
Arrest without warrant
6(5)
Meaning of `arrestable offence'
7(1)
Meaning of `reasonable grounds'
7(1)
Information to be given on arrest
8(1)
`Citizen's arrest'
9(1)
Non-arrestable offences
10(1)
Voluntary attendance at a police station
11(1)
Procedure after arrest
11(15)
`Street bail'
12(2)
Arrival at the police station: duties of the custody officer
14(2)
Charging the suspect
16(2)
Police bail
18(2)
Imposition of conditions on police bail
20(1)
Release without charge on police bail
21(1)
Detention without charge
21(1)
Detention without charge: reviews
22(2)
Detention beyond 24 hours
24(1)
Detention beyond 36 hours
25(1)
Non-compliance with review timetable
26(1)
Interviewing suspects
26(5)
The caution
26(1)
The interview
27(1)
Role of the solicitor during police interviews
28(3)
Special rules for juveniles and persons at risk
31(1)
Detention after charge
31(1)
Further questioning
32(1)
Access to legal advice: s 58 of PACE
32(5)
Denial of access to legal advice
32(2)
Serious arrestable offence
34(1)
Wrongful denial of access to legal advice
34(1)
European Convention on Human Rights
35(2)
Arrest with a warrant
37(1)
The Codes of Practice
38(4)
Code A
39(1)
Code B
39(1)
Code C
39(1)
Code D
39(3)
Code E
42(1)
Code F
42(1)
Breaches of the Codes
42(1)
Police powers of search
42(13)
Power to stop and search
43(4)
Searching premises
47(6)
Legal privilege
53(1)
Excluded and special procedure material
53(2)
Alternatives to prosecution
55(5)
Adults
55(3)
Juveniles
58(2)
The decision to prosecute
60(5)
Discontinuing proceedings
61(1)
Deciding to prosecute
62(2)
Private prosecutions
64(1)
Prosecutions by public bodies other than the police
64(1)
What happens next?
65(1)
The magistrates' court
65(1)
The Crown Court
66(2)
Crown Prosecutors
68(1)
Open court
68(1)
Ethical issues
68(19)
Bail
87(50)
Introduction
87(1)
Adjournments
87(1)
Remands: procedure in court
88(1)
The Bail Act 1976
89(6)
Imprisonable offences
89(5)
Murder, manslaughter and rape
94(1)
Non-imprisonable offences
94(1)
Conditions
95(7)
Examples of commonly imposed conditions
96(1)
When may conditions be imposed?
97(1)
Non-imprisonable offence
98(1)
Breaking conditions of bail
98(3)
Application for variation of conditions
101(1)
Sureties
102(3)
Granting of bail subject to surety
102(1)
Forfeiture of recognisance
103(2)
Repeated bail applications
105(1)
Bail and the European Convention on Human Rights
106(6)
Challenging the refusal of bail
112(1)
Record of reasons
112(1)
Certificate that full argument has been heard
113(1)
Options open to the defendant when bail has been refused or conditions imposed
113(2)
Crown Court bail application: procedure
114(1)
Prosecution challenges to the grant of bail
115(4)
Records of reasons for the decision to grant bail
115(1)
Prosecution appeals against grant of bail
115(3)
Prosecution application for reconsideration of grant of bail
118(1)
The two procedures compared
118(1)
What happens if the defendant fails to attend court?
119(6)
The offence of absconding
119(4)
Reasonable cause
123(1)
Bench warrant
124(1)
Failure to attend to answer summons
124(1)
After arrest under a bench warrant
124(1)
Police powers
125(1)
Proceeding with the case in the defendant's absence
125(1)
Period of remand in custody prior to conviction
125(2)
Remands in absence of the defendant
126(1)
Remand after conviction
126(1)
Place of remand
126(1)
Early administrative hearings
127(1)
Custody time limits
127(6)
Expiry of the time limit
128(1)
Extending the time limit
128(5)
Delay before or during proceedings
133(4)
Deliberate delay: abuse of process
133(1)
Inadvertent delay: prejudice to defendant
133(3)
Code of Conduct for Crown Prosecutors
136(1)
Classification and Allocation of Offences
137(42)
Introduction
137(1)
Classification of offences
137(1)
Indication as to a defendant's intended plea: the `plea before venue' hearing
137(4)
Mode of trial hearing: procedure
141(1)
Mode of trial: relevant factors
142(3)
Guidelines
142(3)
Summary
145(1)
Presence of the defendant
145(1)
Where should the defendant choose to be tried?
145(2)
The advantages of summary trial
145(1)
The advantages of trial on indictment
146(1)
Failure to follow the correct procedure in determining mode of trial
147(1)
Changing the decision as to mode of trial
148(2)
From summary trial to trial on indictment
148(1)
The magistrates have a change of mind
148(1)
The defendant has a change of mind
149(1)
The defendant successfully applies to change his plea
149(1)
From trial on indictment to summary trial
150(1)
Criminal damage: the special provisions
150(2)
Mode of trial: some statistics
152(2)
The Advance Information Rules
154(2)
Section 40 of the Criminal Justice Act 1988
156(1)
Section 41 of the Criminal Justice Act 1988
157(2)
Adjusting the charges to dictate mode of trial
159(1)
Allocation of cases under the Criminal Justice Act 2003
160(19)
Proposals for reform
160(8)
Mode of Trial Bills
168(1)
The Auld Review
169(2)
The Criminal Justice Act 2003
171(8)
Summary Trial
179(46)
Territorial jurisdiction
179(1)
Time limits
180(1)
A charge equivalent to an information
181(1)
The duplicitous information
181(1)
Trying more than one offence or more than one defendant
182(1)
Dismissing a case without hearing the evidence
183(1)
Pleading guilty by post
184(1)
Presence of the defendant
185(3)
Trial in absence of the defendant
186(1)
Setting aside conviction where the defendant did not know of proceedings (s 14 of the Magistrates' Courts Act 1980)
187(1)
Summary trial procedure
188(2)
Procedure where the defendant pleads guilty
189(1)
Procedure where the defendant pleads not guilty
189(1)
Sentencing powers
190(1)
Pre-trial hearings
190(4)
Summary trial in more detail
194(14)
Securing the attendance of witnesses
194(2)
Defects in the information: amendment
196(2)
Withdrawal of summons/offering no evidence
198(1)
Making speeches in a summary trial
199(1)
Pre-trial disclosure
200(1)
Witnesses the prosecution must call
200(1)
Reading witness statements
200(1)
Objecting to prosecution evidence in a summary trial
201(1)
Dock identifications
202(1)
The submission of no case to answer
203(2)
The defendant's evidence
205(1)
Re-opening the prosecution case
206(1)
Change of plea
206(1)
Seeing the magistrates in private
206(1)
The risk of bias
207(1)
Special Measures Directions
207(1)
Fitness to plead
208(1)
The role of the clerk
208(3)
The decision of the justices
211(3)
Alternative verdicts
212(1)
Setting aside conviction or sentence
213(1)
Committal for sentence
214(8)
Section 3 of the Powers of Criminal Courts (Sentencing) Act 2000
214(4)
Procedure in the Crown Court
218(1)
Committal for breach of Crown Court order
219(1)
Section 4 of the Powers of Criminal Courts (Sentencing) Act 2000
219(2)
Section 6 of the Powers of Criminal Courts (Sentencing) Act 2000
221(1)
Transfer of cases between magistrates' courts
222(3)
Juvenile Offenders -- The Youth Court
225(38)
Introduction
225(1)
Terminology
226(1)
The age of criminal responsibility
227(1)
Juveniles and bail
228(1)
Youth courts
229(2)
Differences between the youth court and adult magistrates' court
231(1)
Exclusion of the public
232(1)
Reporting restrictions
232(2)
Lifting the restrictions
233(1)
Juveniles appearing in adult courts
234(1)
Attendance of parent or guardian
234(1)
Youth court trial procedure
235(1)
Procedure for sentencing juveniles
235(1)
Place of first appearance
236(1)
Place of trial
236(19)
Crown Court trial of juveniles
237(16)
Summary trial of juveniles
253(2)
Relevant date -- age
255(1)
Appeals from the youth court
256(1)
Assessing the effectiveness of the youth court
256(3)
Youth justice: what happens next?
259(4)
Appeals from Magistrates' Courts and Youth Courts
263(18)
Introduction
263(1)
Appeal to the Crown Court
263(5)
Procedure for appeal to the Crown Court
264(1)
Bail pending appeal
264(1)
The hearing of the appeal in the Crown Court
264(1)
Decision
265(1)
Equivocal pleas
265(1)
Powers of the Crown Court
266(1)
Abandonment of appeal
267(1)
Further appeal from the Crown Court
268(1)
Appeal to the Divisional Court by way of case stated
268(5)
Refusal to state a case
269(1)
Statement of case
270(2)
Bail pending appeal
272(1)
The hearing
272(1)
Powers of the Divisional Court
272(1)
Abandonment of appeal
273(1)
Effect on the right of appeal to the Crown Court
273(1)
Judicial review
273(5)
Grounds
274(1)
Procedure
275(2)
Bail
277(1)
Remedies
277(1)
Appeal against sentence
278(1)
Case stated or judicial review?
278(1)
Appeals from the youth court
279(1)
Further appeals
279(1)
From the Crown Court
279(1)
From the Divisional Court
280(1)
The Auld Review
280(1)
Disclosure: The Criminal Procedure and Investigations Act 1996
281(34)
Disclosure of unused material under the Criminal Procedure and Investigations Act 1996
281(17)
The duty of the investigator
281(1)
Disclosure of unused material by the prosecution
282(1)
Disclosure by the defence
283(7)
Secondary disclosure by the prosecution
290(1)
Revised test for prosecution disclosure under the Criminal Justice Act 2003
291(1)
Continuing disclosure duty of the prosecution
292(1)
The continuing duty under the Criminal Justice Act 2003
292(1)
Faults in disclosure by the defence
293(1)
Sanctions against the defendant under the Criminal Justice Act 2003
294(1)
Defence application for disclosure
295(1)
Time limits
295(1)
Third party disclosure
296(2)
Public interest immunity
298(14)
Public interest immunity and the European Court of Human Rights
299(2)
Domestic case law on public interest immunity
301(5)
Procedure for determining public interest immunity claims
306(4)
Use of `special counsel' in public interest immunity applications
310(2)
Confidentiality
312(1)
Applications by the accused under the CPIA 1996
313(2)
Transferring Cases to the Crown Court for Trial
315(24)
Introduction
315(1)
Background
315(1)
The two forms of committal
316(1)
Committal without consideration of the evidence
317(1)
Pre-conditions for a s 6(2) committal
317(1)
Procedure
317(1)
Publicity: reporting restrictions
318(2)
Lifting the restrictions
318(1)
Defining what can be reported
319(1)
Committal with consideration of the evidence
320(2)
Challenging the decision to commit for trial
322(1)
Other methods of securing trial on indictment
322(4)
A voluntary bill of indictment
322(3)
Notices of transfer
325(1)
Indictable-only offences: transfer to the Crown Court
326(5)
Submission of no case to answer
327(1)
Reporting restrictions
328(1)
Linked offences
328(2)
Other defendants
330(1)
Moving the trial
331(1)
Summons to a potential prosecution witness to make a deposition
331(1)
Extending s 51 to either way offences (the Criminal Justice Act 2003)
332(7)
Serious or complex fraud cases and cases involving child witnesses
336(1)
Reporting restrictions
337(2)
Indictments
339(24)
Introduction
339(1)
Terminology
339(1)
Drafting the indictment
340(1)
Time limit
340(1)
Form of indictment
341(1)
Rule 4: the rule against duplicity
342(2)
Rule 7
343(1)
Breach of r 4 or r 7
344(1)
Co-defendants
344(1)
Secondary parties
344(1)
Rule 9: joinder of counts
345(3)
Same facts
345(1)
Same or similar character
346(1)
Joinder of defendants under r 9
347(1)
Joinder of summary offences under s 40 of the Criminal Justice Act 1988
347(1)
Discretion to order separate trials
348(4)
Separate counts
348(2)
Co-defendants
350(2)
Breach of r 9: misjoinder
352(2)
Curing the defect
352(1)
Validity of the indictment
353(1)
Deciding the contents of the indictment
354(3)
Substituting offences
355(1)
Adding offences
355(1)
More than one indictment
356(1)
More than one defendant
356(1)
Alternative counts
356(1)
Overloading the indictment
357(1)
Amending the indictment
357(2)
Quashing the indictment
359(1)
Should indictments be more detailed?
360(3)
Trial on Indictment: Preliminaries
363(36)
Introduction
363(1)
Disclosure of evidence to the defence
363(3)
Witness to be called by the prosecution
363(1)
Editing prosecution evidence
363(2)
Witnesses whom the prosecution do not intend to call: unused material
365(1)
Disclosure by the defence
366(1)
Disclosure of the defence case
366(1)
Expert evidence
366(1)
Securing the attendance of witnesses
366(2)
Preparatory and pre-trial hearings; plea and directions hearings
368(8)
Preparatory hearings
368(2)
Appeals from preparatory hearings
370(2)
Pre-trial hearings
372(1)
Plea and directions hearings
373(3)
The trial
376(4)
Presence of the defendant
376(2)
Bail
378(1)
Unrepresented defendants
379(1)
Adjournments
380(1)
The jury
380(5)
Who can serve on a jury?
381(3)
Empanelling a jury
384(1)
Challenges to jurors
385(6)
Challenging the whole jury
385(1)
Challenging individual jurors
386(4)
Discharge of individual jurors during the trial
390(1)
Discharge of the entire jury
390(1)
Composition of the jury as a ground of appeal
391(1)
Special measures directions and live links
391(8)
Special measures directions
391(4)
Evidence through television link/pre-recorded video
395(4)
Crown Court Trial -- The Course of the Trial
399(78)
The start of the trial
399(1)
Content of the prosecution opening speech
399(1)
The prosecution case
399(5)
Formal admissions
399(1)
Prosecution witnesses
400(1)
Reading witness statements
400(1)
Section 23 of the Criminal Justice Act 1988
401(3)
Real evidence
404(1)
Challenging the admissibility of prosecution evidence
404(2)
Section 76 of the Police and Criminal Evidence Act 1984
404(2)
Section 78 of the Police and Criminal Evidence Act 1984
406(1)
The European Convention on Human Rights
406(1)
Witnesses whom the prosecution must call
406(1)
Tendering witnesses for cross-examination
407(1)
Submission of no case to answer
407(7)
Principles applied to submission of no case to answer
407(4)
Acquittal by judge of his own motion
411(1)
Power of the jury to acquit at any time after the close of the prosecution case
412(1)
Judge-ordered and judge-directed acquittals -- a critical evaluation
412(2)
The defence case
414(3)
Adverse inferences
414(2)
Defence evidence
416(1)
Closing speeches
417(1)
Variation in procedure where there is more than one defendant
417(1)
Defendants separately represented
417(1)
Defendants jointly represented
418(1)
Re-opening the prosecution case
418(1)
The judge's summing up
419(13)
The respective functions of the judge and the jury
419(1)
Burden and standard of proof
420(1)
Explanation of the law involved and how it relates to the facts
420(1)
Such warnings as are appropriate
421(10)
Alternative counts
431(1)
Unanimous verdict
431(1)
Summing up fairly
431(1)
Retirement of the jury
432(2)
Separation of the jury
433(1)
No further evidence
433(1)
Questions from the jury after retirement
434(1)
Returning a verdict
434(2)
Guilty verdict
435(1)
Alternative counts
435(1)
The jury is unable to reach a verdict
436(1)
Majority verdicts
436(3)
Content of majority verdict direction
438(1)
Procedure after direction is given
438(1)
The Watson direction
439(1)
The verdict of guilty to an alternative offence
440(5)
Express inclusion
440(1)
Implied inclusion
441(1)
Other statutory provisions
441(1)
Summary offences
442(1)
Scope of s 6(3) of the Criminal Law Act 1967
442(1)
Directing the jury on alternative offences
443(1)
Summary
444(1)
Discharge of the jury
445(1)
Guilty pleas
445(1)
Procedure where the defendant pleads guilty
445(1)
The Newton hearing
445(1)
Mixed pleas
446(1)
Plea bargaining
446(1)
Pleading guilty to a lesser offence
446(2)
Pleading guilty to an offence which is not on the indictment
446(2)
Pleading guilty to an alternative count on the indictment
448(1)
Advising the defendant on plea
448(5)
Seeing the judge in his chambers
449(4)
Change of plea
453(1)
Alternatives to trial: offering no evidence; leaving counts on file
454(1)
Offering no evidence
454(1)
Leaving counts on file
455(1)
Difference between offering no evidence and leaving counts on file
455(1)
Different pleas from different defendants
455(2)
What to tell the jury
455(1)
When should sentence be passed on the defendant who pleads guilty?
456(1)
`Turning Queen's evidence'
456(1)
Variation of sentence
457(1)
Other pleas
458(7)
The ambiguous plea
458(1)
If the defendant refuses to plead
458(1)
Fitness to plead
458(1)
Autrefois convict and autrefois acquit (double, jeopardy)
459(2)
Scope of the autrefois doctrine
461(1)
Tainted acquittals
461(1)
Re-trial for serious offences under the Criminal Justice Act 2003
462(3)
The effect of the European Convention on Human Rights
465(1)
Trials on indictment without a jury
466(11)
Research in how juries reach their verdicts
471(6)
Appeals from the Crown Court
477(56)
Introduction
477(1)
The Court of Appeal
477(1)
Procedure
478(7)
The need for leave to appeal
478(1)
Appeal against conviction where the defendant has pleaded guilty
479(2)
Procedure for obtaining leave to appeal
481(1)
Transcript of evidence and summing up
482(1)
`Perfecting' the grounds of appeal
482(1)
Granting of leave to appeal: the single judge
482(1)
Challenging the decision of the single judge
483(1)
The `direction for loss of time'
483(1)
Procedure where leave is not required
484(1)
Frivolous appeals
484(1)
By-passing the single judge
484(1)
Other powers of the Registrar of Criminal Appeals
484(1)
Other powers of the single judge
485(4)
Presence of the appellant
485(1)
Bail
486(1)
Public funding
486(1)
Direction for loss of time
487(1)
The Courts Act 2003: procedural directions
487(2)
The hearing of the appeal
489(1)
Grounds of appeal against conviction
489(15)
Errors in the course of the trial
490(5)
Appeals relating to the jury
495(9)
Fresh evidence in the Court of Appeal
504(4)
Result of appeal against conviction
508(3)
Appeal dismissed
508(1)
Successful appeal
508(3)
Appeal against sentence
511(3)
Leave to appeal
512(1)
Procedure
512(1)
The hearing
513(1)
Grounds of appeal against sentence
514(2)
Sentence is wrong in law
514(1)
Sentence is wrong in principle
514(1)
Sentence is manifestly excessive
514(1)
Wrong approach to sentencing
515(1)
Procedural errors
515(1)
Legitimate sense of grievance
515(1)
Disparity
515(1)
Effect of appeal against a sentence
516(1)
Appeals by the prosecution
517(2)
Attorney General's reference
517(1)
Attorney General's reference: excessively lenient sentences
517(2)
Appeals to the House of Lords
519(1)
The role of the Divisional Court
520(1)
Free pardons
520(1)
The Criminal Cases Review Commission
520(4)
Membership
521(1)
References
521(1)
References by the Home Secretary
522(1)
Power to order investigations
522(1)
Investigative powers of the Commission
523(1)
Prosecution appeals under the Criminal Justice Act 2003
524(7)
Right of appeal against terminating rulings
528(1)
Evidentiary rulings
528(1)
Reversal of rulings
529(1)
Further appeal
530(1)
Custody time limits
530(1)
Reporting restrictions
530(1)
Compensation for miscarriages of justice
531(2)
Representation Orders and Costs
533(22)
Introduction
533(12)
Grant of right to representation
534(2)
Recovery of costs
536(2)
Applying for a representation order
538(3)
Nature of representation
541(2)
Appeals against refusal of representation
543(1)
Forthcoming changes to the funding scheme
544(1)
Costs
545(1)
Defendant's costs order
546(2)
Prosecution costs from central funds
548(1)
Defendant to pay prosecution costs
549(3)
Appeals on costs
551(1)
Publicly funded defendants
552(1)
Wasted costs orders
552(2)
Award of costs against third parties
554(1)
Sentencing Procedure and Principles
555(44)
The Halliday Report and the principles of sentencing
555(3)
Procedure following a plea of guilty
558(4)
The Newton hearing
559(2)
Exceptions to the rule
561(1)
Standard of proof
561(1)
Appeals
561(1)
Responsibility of the sentencer and of counsel
561(1)
Procedure following conviction after a not guilty plea
562(1)
Procedure after the prosecution summary of facts (if given)
563(2)
Reports on the offender
565(5)
Pre-sentence report
566(1)
Disclosure of the pre-sentence report
567(1)
Juveniles
568(1)
Adjournments prior to sentence
568(1)
Other reports
568(1)
Keeping sentencing options open
569(1)
The plea in mitigation
570(1)
Aggravating and mitigating factors
571(1)
The offence itself
571(2)
Mitigation relating to the offender
573(7)
A plea of guilty
573(4)
Previous convictions
577(1)
Failures to respond
578(1)
Other factors
578(1)
Associated offences
579(1)
Rule that the defendant should be sentenced only for offences of which the has been convicted and exceptions to that rule
580(3)
Offences taken into consideration ('TICs')
581(1)
Specimen or sample counts
582(1)
Sentencing guidelines
583(3)
Reasons for sentencing decisions
586(1)
Sentencing powers of magistrates courts
587(4)
Summary offences
587(1)
Offences which are triable either way
588(1)
Consecutive terms of imprisonment
588(1)
Fines
589(1)
Compensation orders
589(1)
Other sentences
589(1)
Offenders aged 18 to 20
590(1)
Sentencing juveniles in the magistrates' court
590(1)
Sentencing the defendant in his absence
590(1)
Sentencing powers of youth courts
591(1)
Duties of counsel
591(1)
Deferring sentence
591(4)
Rehabilitation of offenders: spent convictions
595(2)
Remission of cases between magistrates' courts
597(1)
Responsibility for enforcement of orders
597(2)
Offenders Over 21: Custodial Sentences
599(46)
Statutory criteria for imposing custodial sentences
599(13)
Seriousness of offence: s 79(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000
599(3)
The custody threshold under the Criminal Justice Act 2003
602(1)
Procedural requirements before imposing a custodial sentence
602(1)
Determining length of sentence: s 80(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000
603(1)
Length of sentence under the Criminal Justice Act 2003
604(1)
Public protection: s 79(2)(b) of the Powers of Criminal Courts (Sentencing) Act 2000
605(2)
Dangerous offenders under the Criminal Justice Act 2003
607(2)
Discount where the offender pleads guilty
609(1)
Concurrent and consecutive sentences
610(2)
The principle of `totality'
612(1)
Effect of time spent on remand
612(1)
Early release
612(6)
Relative to length of sentence
612(1)
Home detention curfew
613(1)
Commission of further offences
614(2)
Murder
616(1)
Discretionary life sentences
616(2)
Suspended sentences of imprisonment
618(3)
Combining a suspended sentence with other orders
620(1)
Suspended sentence supervision order
620(1)
Length of a suspended sentence
620(1)
Activation of a suspended sentence
621(2)
Determining action to be taken for breach of a suspended sentence
622(1)
Mandatory sentences
623(3)
Life sentence for second serious offence
623(2)
Minimum sentences for a third Class A drug trafficking offence
625(1)
Minimum sentence for a third domestic burglary
625(1)
Minimum sentence for certain firearms offences
626(1)
Discount for guilty plea
626(1)
Custodial sentences under the Criminal Justice Act 2003
626(2)
Prison sentences of less than 12 months
628(1)
Intermittent custody
629(3)
Suspended sentences of imprisonment
632(6)
Requirements added to a suspended sentence
633(1)
Breach of suspended sentence orders
634(3)
Amendment of suspended sentence orders
637(1)
Release on licence
638(3)
Conditions of release on licence
639(2)
Life sentences
641(4)
Offenders Over 16: Community Sentences
645(36)
Statutory criteria for imposing community orders
645(1)
Community punishment orders
646(2)
Requirements to be met before an order is made
647(1)
Number of hours
647(1)
Mixing community punishment with other orders
648(1)
Community rehabilitation orders
648(3)
Effect of a community rehabilitation order
648(1)
Imposing additional requirements under a community rehabilitation order
649(2)
Procedure for making a community rehabilitation order
651(1)
Combining a community rehabilitation order with other sentences
651(1)
Community punishment and rehabilitation orders
651(1)
Curfew orders
652(1)
Drug treatment and testing orders
652(2)
Orders for persistent petty offenders
654(1)
The Criminal Justice and Court Services Act 2000
655(2)
Exclusion orders
655(1)
Drug abstinence orders
656(1)
Electronic monitoring of community orders
656(1)
Enforcing community sentences
657(4)
Dealing with breaches of community orders
657(2)
Revocation of community orders on grounds other than breach
659(1)
Commission of a subsequent offence
659(2)
Re-sentencing for the original offence
661(1)
Age of the offender
661(1)
Community sentences under the Criminal Justice Act 2003
661(13)
Unpaid work requirement (s 199)
664(1)
Activity requirements (s 201)
665(1)
Programme requirements (s 202)
666(1)
Prohibited activity requirements (s 203)
667(1)
Curfew requirements (s 204)
667(1)
Exclusion requirements (s 205)
667(1)
Residence requirements (s 206)
668(1)
Mental health treatment requirements (s 207)
668(1)
Drug rehabilitation requirements (s 209)
669(2)
Alcohol treatment requirements (s 212)
671(1)
Supervision requirements (s 213)
672(1)
Attendance centre requirements (s 214)
672(1)
Electronic monitoring requirements
673(1)
Restrictions on community orders
673(1)
Other duties of offenders subject to community orders
673(1)
Revocation and amendment of community orders under the Criminal Justice Act 2003
674(7)
Breach of community orders
674(3)
Revocation of community orders other than for breach
677(1)
Amendment of community orders
677(1)
Commission of further offences
678(3)
Fines, Discharges and Binding Over to Keep the Peace
681(16)
Fines
681(11)
Crown Court fines
681(1)
Magistrates' courts fines for either way offences
682(1)
Magistrates' courts fines for summary offences
682(1)
Imprisonment in default (magistrates' court fines)
683(1)
Fixing the amount of the fine
683(2)
Obtaining information about the offenders' means
685(1)
Summary
686(1)
Enforcement of fines
686(2)
Enforcement of fines under the Crime (Sentences) Act 1997
688(1)
Enforcement of fines under the Courts Act 2003
688(4)
Combining fines with other orders
692(1)
Absolute and conditional discharges
692(2)
Absolute discharge
693(1)
Conditional discharge
693(1)
Breach of conditional discharge
693(1)
Combining discharges with other orders
693(1)
Effect of conditional or absolute discharge
694(1)
Binding over to keep the peace
694(3)
Procedure
695(1)
Refusal to enter into recognisance
695(1)
Failure to comply with conditions of bind over
696(1)
Young Offenders: Custodial Sentences
697(10)
Detention and training orders
697(3)
Duration of a detention and training order
698(1)
Supervision under a detention and training order
699(1)
Commission of further offences during the supervision period
700(1)
Early release from a detention and training order
700(1)
Detention in a young offender institution
700(3)
Procedural requirements
701(1)
Relevant date for determining the age of the offender
701(2)
Length of detention
703(1)
Custody for life/during Her Majesty's pleasure
703(1)
Detention under s 91 of the Powers of Criminal Courts (Sentencing) Act 2000
704(3)
Length of detention
704(1)
Procedure to be followed before imposing a sentence under s 91
705(1)
Effect of time spent on remand
705(1)
Early release
705(2)
Young Offenders: Non-Custodial Sentences
707(18)
Powers of an adult magistrates' court
707(1)
Powers of the youth court and Crown Court
707(1)
Fines
707(1)
Maximum fine
707(1)
Payment of fine
707(1)
Parental recognisance
708(1)
Supervision orders
708(5)
Duration of an order
709(1)
Additional requirements
709(3)
Breach of a supervision order
712(1)
Revocation or amendment of an order
713(1)
Attendance centre orders
713(2)
Number of hours
713(1)
Use of an attendance centre order
714(1)
Breach of an attendance centre order
714(1)
Discharge or variation of an attendance centre order
715(1)
Curfew orders
715(1)
Action plan orders
715(1)
Reparation orders
716(1)
Breach of an action plan order and a reparation order
717(1)
Referral orders for young offenders: youth offender panels
717(3)
Crime prevention provisions
720(4)
Parenting orders
720(2)
Child safety orders
722(1)
Local child curfew schemes
723(1)
The Criminal Justice Act 2003
724(1)
Ancillary Orders
725(28)
Compensation orders
725(6)
Causation
726(1)
Amount of compensation
727(1)
Means of the offender
728(1)
Juveniles
729(1)
Combining compensation orders and other orders
730(1)
Enforcement of compensation orders
730(1)
Other methods of obtaining compensation
730(1)
Restitution orders
731(1)
Forfeiture orders
731(2)
Effect of a forfeiture order
732(1)
Other powers of forfeiture
732(1)
Confiscation orders under the Proceeds of Crime Act 2002
733(10)
Making of a confiscation order
733(2)
Recoverable amount
735(1)
Criminal lifestyle: assumptions
736(1)
Statements of information
737(1)
Time for payment
738(1)
Effect of a confiscation order on the sentencing powers of the court
738(1)
Enforcement
739(1)
Postponement
740(1)
Reconsideration
740(1)
Appeals by the prosecution
740(1)
Effect of the Proceeds of Crime Act 2002 on lawyers
741(2)
Mentally disordered offenders
743(3)
Hospital orders
744(1)
Interim hospital orders
744(1)
Restriction orders
744(1)
Hospital orders and limitation directions
745(1)
Guardianship orders
745(1)
Juveniles
745(1)
Anti-social behaviour orders; individual support orders
746(2)
Other ancillary orders
748(1)
Recommendation for deportation
748(1)
Exclusion orders
748(1)
Licensed premises
748(1)
Football matches
748(1)
Disqualifications
748(2)
Company directors
748(1)
Animals
749(1)
Road traffic offenders
749(1)
Disqualification under the Powers of Criminal Courts (Sentencing) Act 2000
750(1)
Disqualification from working with children
750(1)
Restraining orders
750(3)
Sex offenders
751(1)
Protection from harassment
751(1)
Travel restrictions on drug traffickers
752(1)
Sources and Theoretical Perspective
753(12)
Practitioner texts
753(1)
Academic textbooks
753(1)
Weblinks
754(1)
Theoretical perspectives -- a brief introduction
754(11)
`Crime control'
755(2)
`Due process'
757(2)
Competing interests in the criminal justice system
759(2)
Trying to achieve the balance: the Criminal Procedure Rules
761(4)
Index 765

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