There has been much comment in the written Press and social media concerning the current state of sentencing legislation in England and Wales.
Earlier this year, sentencing provisions changed in that the courts were directed to take a more considered approach to the imposition of suspended sentences, when previously custodial sentences would have been imposed. Courts can now impose suspended sentences for up to three years. The legal presumption is now to suspend custodial sentences of twelve months or less and courts have the power to defer sentences for up to twelve months when previously it was six months.
All of these changes are designed to reduce the prison population and we have in practice seen, in some cases, the courts impose suspended sentences when earlier this year and certainly in years gone by the client could have expected nothing less than a prison sentence.
However, there is still many instances where the courts will point to exceptional circumstances not to impose a suspended sentence and as practitioners we have found the approach to the new Sentencing Act, certainly in relation to some Crown Court cases are beset with teething problems.
At Lewis Nedas Law, we are alive to the changes in sentencing legislation and matters that the courts look out for, in terms of whether circumstances are deemed exceptional or not and circumstances which will assist the court in leaning towards the imposition of a suspended sentence as opposed to a prison sentence
Clients from the outset need to be advised as the likely sentence upon conviction or entering a plea of guilty and at Lewis Nedas Law, we have considerable experience in addressing sentencing matters and advising on mitigating circumstances that can be advanced on our clients’ case.
There is also much comment in recent months concerning the early release provisions in that from now, the majority of adult prisoners become eligible for release on license after serving a third of sentence instead of previously 40% or 50%.
This decision raised some concerns, particularly in Parliament, as it raised the prospect of many dangerous offenders being released early. As a result of some high profile cases, the Government have stepped back from the early police provisions in some category of offences including rape, manslaughter and serious sexual offences including those involving children.
Clients will be expected to receive advice from their practitioner concerning whether the early release provisions apply to them and in what circumstances and at Lewis Nedas Law, we are in position to provide that advice quickly and accurately.
If you require advice in relation to sentence or any aspect concerning your case in either the Magistrates’ Court or the Crown Court, please contact one our team who will be able to assist.
Contact Lewis Nedas Law via our website or enquiries or by telephone 020 7387 2032.