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Sentencing Principles, Procedure & Practice 2022

Sentencing Principles, Procedure & Practice 2022
2nd Edition
Practice Area:  Criminal Law
ISBN:  9780414091832
Published by:  Sweet & Maxwell
Publication Date:  31 Oct 2021
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The second edition of this new annual title is an essential introduction and companion to the new Sentencing Code. The book is split into two parts: Part A contains everything you need to know about sentencing procedure, courts’ sentencing powers and the sentencing principles, including the Sentencing Code; Part B provides guidance on determining the appropriate sentence for almost all criminal offences.
Cited in the Court of Appeal (Criminal Division), this work guides practitioners though the various stages of a sentencing hearing and clearly indicates the considerations applicable to a sentencing decision. The title includes extensive expert commentary and summaries of all the relevant case law. For use in sentencing hearings and appeals, in court and for research.
  • Written and structured to follow the Sentencing Code indicating the extent to which previous case law remains relevant and applicable
  • Includes explanatory commentary from the authors who were closely involved in drafting the Code at the Law Commission
  • Important case summaries with expert commentary
  • Analysis of sentencing guidelines, identifying particular issues and providing commentary
  • Includes all relevant legislation such as Magistrates’ Courts Act 1980, Proceeds of Crime Act 2002 and Criminal Justice Act 2003
  • All in just one volume and designed for ease of reference
  • Updated annually
  • Coverage extends to both the Crown and the Magistrates’ Courts
New coverage in this edition includes:
  • Major changes to sentencing legislation including amendments effected by the UK's withdrawal from the EU and the Counter-Terrorism and Sentencing Act 2021.
  • Revised sections and commentary on firearms, assault, attempted murder and drugs, to reflect the new Sentencing Council guidelines in these areas.
The new edition also incorporates new cases providing guidance from the CA (Crim Div) and the Divisional Court on sentencing law and procedure, and accompanying commentary and analysis, including:
  • R. v Gould (extent of power in s.66 of the Courts Act 2003)
  • AG’s References (McWilliams, McCann, Shaikh) (new release provisions and their effect on the determination of a minimum term of a discretionary life sentence
  • R. v Plaku (guilty plea guideline), R. v Reed (sexual communication with a child and the approach to determination of guideline category)
  • R. v Bailey (totality)
  • R. v Lea and R. v RJ (SHPOs)
  • R. v Mizan (deferred sentences)
  • R. v Cleland (mental health disposals)
  • R. v Kakakhan (breach of community order)

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CONTENTS

Part A  - Sentencing Powers and Procedure  
  • 1. General Provisions and Principles
  • 2. Pre-Sentence
  • 3. Sentencing Hearing
  • 4. Primary Disposals
  • 5. Secondary Disposals
  • 6. Children and Young Persons
  • 7. Consequences of Conviction
  • 8. Non-Recent Offences
  • 9. Mental Health Disposals
  • 10. Post-Sentence
Part B  - Offences 
  • 11. Determining the appropriate sentence
  • 12. Violent offences
  • 13. Sexual offences 
  • 14. Property offences
  • 15. Drugs offences
  • 16. Driving offences
  • 17. Regulatory offences
  • 18. Offences against justice

CONTRIBUTOR INFORMATION

About the Authors
 
Lyndon Harris  
Lyndon is a tenant at 6KBW College Hill, teaches criminal law at the University of Oxford and completed his DPhil on sentencing principles and sentencing guidelines. He regularly lectures at Judicial College on all aspects of sentencing. He authors the sentencing chapter of Archbold, as well as being the General Editor for Current Sentencing Practice, the Criminal Appeal Reports (Sentencing) and Thomas’ Sentencing Referencer.  
 
Sebastian Walker
Sebastian is a member of the faculty of law at the University of Cambridge. He co-authors the sentencing chapter of Archbold as well as being Editor for Current Sentencing Practice and the Criminal Appeal Reports (Sentencing).  Previously Sebastian taught at the LSE and worked at Attorney General’s Office with a particular focus on unduly lenient sentences. He is a freelance editor for Criminal Law Week



REVIEWS

‘In the unlikely event that the answer to a particular question about sentencing is not to be found within this authoritative and comprehensive work, it is almost certain that the applicable principles will be.
The Hon. Mr Justice Hilliard, Royal Courts of Justice - Foreword from the first edition of Sentencing Principles, Procedure and Practice 2021

‘A superb new book on English sentencing law and practice’ 
blog post by Prof Tom O’Malley
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