22. Specific Types of Sentence and the Plea in Mitigation

2020 ◽  
pp. 413-445
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

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.

22. Specific Types of Sentence and the Plea in Mitigation

2021 ◽  
pp. 416-449
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

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.

22. Specific Types of Sentence and the Plea in Mitigation

2019 ◽  
pp. 409-441
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

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.

22. Specific Types of Sentence and the Plea in Mitigation

2017 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

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.

22. Specific Types of Sentence and the Plea in Mitigation

2016 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

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.

22. Specific Types of Sentence and the Plea in Mitigation

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Criminal Justice ◽  
Professional Conduct ◽  
Guilty Plea ◽  
Fixed Length ◽  
Dangerous Offenders ◽  
Conditional Discharge

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.

1. Introduction

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

scholarly journals Advocacy and the Innocent Client

2021 ◽  
Vol 2 (1) ◽  
pp. 1-21
Author(s):  
Caroline Erentzen ◽  
Regina Schuller ◽  
Kimberley Clow
Keyword(s):  
Criminal Justice ◽  
Small Proportion ◽  
Justice System ◽  
Legal Aid ◽  
Wrongful Convictions ◽  
Guilty Plea ◽  
Canadian Context ◽  
Underlying Causes ◽  
Defence Counsel ◽  
Systemic Problems

Much of our knowledge about wrongful convictions is derived from known exonerations, which typically involve serious violent offences and lengthy sentences. These represent only a small proportion of offences prosecuted in Canada each year, and little is known about how often innocent defendants may be wrongfully convicted of less serious offences. Recent discussions have begun to focus on the problem of false guilty pleas, in which defendants choose to  plead guilty to a lesser offence to avoid the time and cost required to defend their innocence. The majority of our knowledge of the factors contributing to wrongful convictions is based on American scholarship, with less empirical research exploring wrongful convictions within the Canadian context. The present research surveyed Canadian criminal defence lawyers about their experiences representing innocent clients, including their perspective on the underlying causes of wrongful convictions in Canada and their recommendations for reform to the criminal justice system. Nearly two-thirds of defence counsel in this study reported that they had represented at least one client who was convicted despite credible claims of innocence. Many reported that they regularly see innocent clients choose to enter a strategic false guilty plea, perceiving no meaningful or realistic alternative. Counsel described a system designed to elicit a guilty plea, with lengthy pre-trial delays, routine denial of bail, inadequate funding of Legal Aid, costly defence options, padded charges, and false evidence ploys. This research expands our knowledge of wrongful convictions in Canada, their hidden prevalence, and systemic problems that increase the likelihood of their occurrence.

Guilty Plea Courts: A Social Disciplinary Model of Criminal Justice*

2019 ◽  
pp. 359-378 ◽  
Author(s):  
Mike Mcconville ◽  
Chester Mirsky
Keyword(s):  
Criminal Justice ◽  
Guilty Plea

1. Introduction

2019 ◽  
pp. 3-32
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

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