Sentencing dangerous offenders following the Criminal Justice and Immigration Act 2008, and the place of psychiatric evidence

2011 ◽  
Vol 22 (1) ◽  
pp. 138-155 ◽  
Author(s):  
Tom Clark
2021 ◽  
pp. 416-449
Author(s):  
Martin Hannibal ◽  
Lisa Mountford

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.


Utilitas ◽  
1997 ◽  
Vol 9 (1) ◽  
pp. 131-146
Author(s):  
David Wood

The paper examines one objection to the suggestion that, rather than being subjected to extended prison sentences on the one hand, or simply released on the other, dangerous offenders should be in principle liable to some form of civil detention on completion of their normal sentences. This objection raises the spectre of a ‘social harm reduction system’, pursuing various reductivist means outside the criminal justice system. The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. The paper attempts to refute the objection by holding that a wedge can be driven between incapacitation and other reductivist measures, and hints at a possibly new version of dualism in the process.


1995 ◽  
Vol 28 (1) ◽  
pp. 3-31 ◽  
Author(s):  
John Pratt

This paper provides a critical examination of the prevalence of dangerous offender legislation in modern criminal justice systems. The debate about this has been dominated by issues of ethics and effectiveness. Here, though, I want to examine the significance of this legislation and some of the theoretical issues that this raises. This involves discussion of the way in which ‘dangerousness’ as a social construct has changed historically and similarly the mode of its calibration. Ultimately, the dangerousness legislation today involves the use of a largely unnoticed strategy of control — actuarialism; and seems more likely to have an effect on the behaviour of potential victims of crime rather than dangerous offenders themselves.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.


1992 ◽  
Vol 5 (1) ◽  
pp. 95-120 ◽  
Author(s):  
Tapio Lappi-Seppälä

The ideology of treatment, as well as confidence in the special preventive effects of punishment, was severely attacked in the late 1960’s. In Scandinavia, this criticism quickly led to a series of legislative reforms. The first target was the system of preventive detention. The lack of legal security was considered to be most obvious flaw here. After the reforms concerning the use of preventive measures—for example, for dangerous offenders—were implemented, attention shifted to the structure of the whole penal system. From the mid 70’s on, the Finnish criminal justice system was reformed in a “neo-classical” spirit. Instead of individualization and rehabilitation, the emphasis is now placed on legal security and the principles of proportionality, predictability, and equality. These ideas and principles received their most manifest expression in the 1976 reform of sentencing provisions (Chapter 6 in the Finnish penal code).


2019 ◽  
Author(s):  
Daniel P. Mears ◽  
Joshua C. Cochran
Keyword(s):  

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