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The lists below identify offences covered in the MCSG for which particular ancillary orders are available. In all cases, consult your legal adviser regarding available orders and their specific requirements and effects Football banning orders – Football Spectators Act 1989, s.14A Available on conviction of a ‘relevant offence’, listed in schedule 1 of the Football Spectators Act 1989. These include: possession of alcohol or being drunk while…
While all criminal cases begin in magistrates’ courts, some offences can only be tried in the Crown Court, some can only be heard at magistrates’ courts and others can be heard in either. The seriousness of the offence will dictate whether the case will remain in a magistrates’ court from start to finish, or will be referred up to the Crown Court. Types of offences and where they can be tried In terms of deciding in which court a…
Sexual activity with a person with a mental disorder impeding choice, Sexual Offences Act 2003, s.30Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity, Sexual Offences Act 2003, s.31 Triable only on indictment (if penetration involved), otherwise, triable either wayMaximum: Life imprisonment (if penetration involved), otherwise 14 years’ custodyOffence range: Community order – 19 years’ custody…
Triable only on indictmentMaximum: Life imprisonmentOffence range: 6 – 19 years’ custody This is a serious specified offence for the purposes of sections 224 and 225(2) (life sentence for serious offences) of the Criminal Justice Act 2003. For offences committed on or after 3 December 2012, this is an offence listed in Part 1 of Schedule 15B for the purposes of section 224A (life sentence for second listed offence) of the Criminal Justice Act…
Triable only on indictmentMaximum: Life imprisonmentOffence range: 2 – 19 years’ custody This is a serious specified offence for the purposes of sections 224 and 225(2) (life sentences for serious offences) of the Criminal Justice Act 2003. This is an offence listed in Part 1 of Schedule 15B for the purposes of section 224A (life sentence for a second listed offence) and section 226A (extended sentence for certain violent, sexual or terrorism…
Triable only on indictmentMaximum: Life imprisonmentOffence range: Community order – 19 years’ custody This is a serious specified offence for the purposes of sections 224 and 225(2) (life sentences for serious offences) of the Criminal Justice Act 2003. This is an offence listed in Part 1 of Schedule 15B for the purposes of section 224A (life sentence for a second listed offence) and section 226A (extended sentence for certain violent, sexual…
Triable only on indictment (if penetration involved), otherwise triable either wayMaximum: Life imprisonment (if penetration involved), otherwise 10 years’ custodyOffence range: Community order – 7 years’ custody (if no penetration involved)/19 years’ custody (if penetration involved) This is a serious specified offence for the purposes of section 224 and, where the offence involved penetration, section 225(2) (life sentence for serious…
Triable only on indictment (if penetration involved), otherwise, triable either wayMaximum: Life imprisonment (if penetration involved), otherwise 14 years’ custodyOffence range: 1 – 17 years’ custody This is a serious specified offence for the purposes of ss.224 and, where the offence involved penetration, 225(2) (life sentence for serious offences) of the Criminal Justice Act 2003. For offences committed on or after 3 December 2012,…
Approach to sentencing historic sexual offences When sentencing sexual offences under the Sexual Offences Act 1956, or other legislation pre-dating the2003 Act, the court should apply the following principles:1 The offender must be sentenced in accordance with the sentencing regime applicable at the date of sentence. Under the Criminal Justice Act 20032 the court must have regard to the statutory purposes ofsentencing and must base the…
Section 144 of the Criminal Justice Act 2003 provides: (1) In determining what sentence to pass on an offender who has pleaded guilty to an offence1 in proceedings before that court or another court, a court must take into account: the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and the circumstances in which this indication was given. Nothing in this guideline affects the duty of the…