Criminal Litigation & Sentencing 6/e

by Hungerford-Welch, Peter

• ISBN13: 9781859418499
• ISBN10: 185941849X
• Edition: 6th
• Format: Paperback
• Copyright: 2004-10-05
• Publisher: Routledge Caven

Summary

Criminal Litigation and Sentencing provides a comprehensive, analytical, and up-to-date guide to each step of criminal procedure, from the arrest of the suspect through to trial, sentencing and appeals. Full account is taken of recent statutory changes, including the Criminal Justice Act 2003, and of recent case law. This is the ideal textbook for students on the Bar Vocational Course or the Legal Practice Course, and for those studying Criminal Procedure as part of an LLB or LLM. It is also a very useful handbook for practitioners who appear in the criminal courts.

Table of Contents

Preface	vii
Table of Cases	xxvii
Table of Statutes	li
Table of Statutory Instruments	lxv
Table of European Legislation	lxviii
Preliminaries	1	(86)
Introduction	1	(1)
Some basic terminology	1	(1)
Commencing proceedings	1	(1)
Summons	1	(5)
Laying an information	2	(1)
Issuing a summons	2	(1)
Contents of the summons	3	(1)
Serving the summons	4	(1)
A new method of instituting proceedings	4	(2)
Arrest without warrant	6	(5)
Meaning of `arrestable offence'	7	(1)
Meaning of `reasonable grounds'	7	(1)
Information to be given on arrest	8	(1)
`Citizen's arrest'	9	(1)
Non-arrestable offences	10	(1)
Voluntary attendance at a police station	11	(1)
Procedure after arrest	11	(15)
`Street bail'	12	(2)
Arrival at the police station: duties of the custody officer	14	(2)
Charging the suspect	16	(2)
Police bail	18	(2)
Imposition of conditions on police bail	20	(1)
Release without charge on police bail	21	(1)
Detention without charge	21	(1)
Detention without charge: reviews	22	(2)
Detention beyond 24 hours	24	(1)
Detention beyond 36 hours	25	(1)
Non-compliance with review timetable	26	(1)
Interviewing suspects	26	(5)
The caution	26	(1)
The interview	27	(1)
Role of the solicitor during police interviews	28	(3)
Special rules for juveniles and persons at risk	31	(1)
Detention after charge	31	(1)
Further questioning	32	(1)
Access to legal advice: s 58 of PACE	32	(5)
Denial of access to legal advice	32	(2)
Serious arrestable offence	34	(1)
Wrongful denial of access to legal advice	34	(1)
European Convention on Human Rights	35	(2)
Arrest with a warrant	37	(1)
The Codes of Practice	38	(4)
Code A	39	(1)
Code B	39	(1)
Code C	39	(1)
Code D	39	(3)
Code E	42	(1)
Code F	42	(1)
Breaches of the Codes	42	(1)
Police powers of search	42	(13)
Power to stop and search	43	(4)
Searching premises	47	(6)
Legal privilege	53	(1)
Excluded and special procedure material	53	(2)
Alternatives to prosecution	55	(5)
Adults	55	(3)
Juveniles	58	(2)
The decision to prosecute	60	(5)
Discontinuing proceedings	61	(1)
Deciding to prosecute	62	(2)
Private prosecutions	64	(1)
Prosecutions by public bodies other than the police	64	(1)
What happens next?	65	(1)
The magistrates' court	65	(1)
The Crown Court	66	(2)
Crown Prosecutors	68	(1)
Open court	68	(1)
Ethical issues	68	(19)
Bail	87	(50)
Introduction	87	(1)
Adjournments	87	(1)
Remands: procedure in court	88	(1)
The Bail Act 1976	89	(6)
Imprisonable offences	89	(5)
Murder, manslaughter and rape	94	(1)
Non-imprisonable offences	94	(1)
Conditions	95	(7)
Examples of commonly imposed conditions	96	(1)
When may conditions be imposed?	97	(1)
Non-imprisonable offence	98	(1)
Breaking conditions of bail	98	(3)
Application for variation of conditions	101	(1)
Sureties	102	(3)
Granting of bail subject to surety	102	(1)
Forfeiture of recognisance	103	(2)
Repeated bail applications	105	(1)
Bail and the European Convention on Human Rights	106	(6)
Challenging the refusal of bail	112	(1)
Record of reasons	112	(1)
Certificate that full argument has been heard	113	(1)
Options open to the defendant when bail has been refused or conditions imposed	113	(2)
Crown Court bail application: procedure	114	(1)
Prosecution challenges to the grant of bail	115	(4)
Records of reasons for the decision to grant bail	115	(1)
Prosecution appeals against grant of bail	115	(3)
Prosecution application for reconsideration of grant of bail	118	(1)
The two procedures compared	118	(1)
What happens if the defendant fails to attend court?	119	(6)
The offence of absconding	119	(4)
Reasonable cause	123	(1)
Bench warrant	124	(1)
Failure to attend to answer summons	124	(1)
After arrest under a bench warrant	124	(1)
Police powers	125	(1)
Proceeding with the case in the defendant's absence	125	(1)
Period of remand in custody prior to conviction	125	(2)
Remands in absence of the defendant	126	(1)
Remand after conviction	126	(1)
Place of remand	126	(1)
Early administrative hearings	127	(1)
Custody time limits	127	(6)
Expiry of the time limit	128	(1)
Extending the time limit	128	(5)
Delay before or during proceedings	133	(4)
Deliberate delay: abuse of process	133	(1)
Inadvertent delay: prejudice to defendant	133	(3)
Code of Conduct for Crown Prosecutors	136	(1)
Classification and Allocation of Offences	137	(42)
Introduction	137	(1)
Classification of offences	137	(1)
Indication as to a defendant's intended plea: the `plea before venue' hearing	137	(4)
Mode of trial hearing: procedure	141	(1)
Mode of trial: relevant factors	142	(3)
Guidelines	142	(3)
Summary	145	(1)
Presence of the defendant	145	(1)
Where should the defendant choose to be tried?	145	(2)
The advantages of summary trial	145	(1)
The advantages of trial on indictment	146	(1)
Failure to follow the correct procedure in determining mode of trial	147	(1)
Changing the decision as to mode of trial	148	(2)
From summary trial to trial on indictment	148	(1)
The magistrates have a change of mind	148	(1)
The defendant has a change of mind	149	(1)
The defendant successfully applies to change his plea	149	(1)
From trial on indictment to summary trial	150	(1)
Criminal damage: the special provisions	150	(2)
Mode of trial: some statistics	152	(2)
The Advance Information Rules	154	(2)
Section 40 of the Criminal Justice Act 1988	156	(1)
Section 41 of the Criminal Justice Act 1988	157	(2)
Adjusting the charges to dictate mode of trial	159	(1)
Allocation of cases under the Criminal Justice Act 2003	160	(19)
Proposals for reform	160	(8)
Mode of Trial Bills	168	(1)
The Auld Review	169	(2)
The Criminal Justice Act 2003	171	(8)
Summary Trial	179	(46)
Territorial jurisdiction	179	(1)
Time limits	180	(1)
A charge equivalent to an information	181	(1)
The duplicitous information	181	(1)
Trying more than one offence or more than one defendant	182	(1)
Dismissing a case without hearing the evidence	183	(1)
Pleading guilty by post	184	(1)
Presence of the defendant	185	(3)
Trial in absence of the defendant	186	(1)
Setting aside conviction where the defendant did not know of proceedings (s 14 of the Magistrates' Courts Act 1980)	187	(1)
Summary trial procedure	188	(2)
Procedure where the defendant pleads guilty	189	(1)
Procedure where the defendant pleads not guilty	189	(1)
Sentencing powers	190	(1)
Pre-trial hearings	190	(4)
Summary trial in more detail	194	(14)
Securing the attendance of witnesses	194	(2)
Defects in the information: amendment	196	(2)
Withdrawal of summons/offering no evidence	198	(1)
Making speeches in a summary trial	199	(1)
Pre-trial disclosure	200	(1)
Witnesses the prosecution must call	200	(1)
Reading witness statements	200	(1)
Objecting to prosecution evidence in a summary trial	201	(1)
Dock identifications	202	(1)
The submission of no case to answer	203	(2)
The defendant's evidence	205	(1)
Re-opening the prosecution case	206	(1)
Change of plea	206	(1)
Seeing the magistrates in private	206	(1)
The risk of bias	207	(1)
Special Measures Directions	207	(1)
Fitness to plead	208	(1)
The role of the clerk	208	(3)
The decision of the justices	211	(3)
Alternative verdicts	212	(1)
Setting aside conviction or sentence	213	(1)
Committal for sentence	214	(8)
Section 3 of the Powers of Criminal Courts (Sentencing) Act 2000	214	(4)
Procedure in the Crown Court	218	(1)
Committal for breach of Crown Court order	219	(1)
Section 4 of the Powers of Criminal Courts (Sentencing) Act 2000	219	(2)
Section 6 of the Powers of Criminal Courts (Sentencing) Act 2000	221	(1)
Transfer of cases between magistrates' courts	222	(3)
Juvenile Offenders -- The Youth Court	225	(38)
Introduction	225	(1)
Terminology	226	(1)
The age of criminal responsibility	227	(1)
Juveniles and bail	228	(1)
Youth courts	229	(2)
Differences between the youth court and adult magistrates' court	231	(1)
Exclusion of the public	232	(1)
Reporting restrictions	232	(2)
Lifting the restrictions	233	(1)
Juveniles appearing in adult courts	234	(1)
Attendance of parent or guardian	234	(1)
Youth court trial procedure	235	(1)
Procedure for sentencing juveniles	235	(1)
Place of first appearance	236	(1)
Place of trial	236	(19)
Crown Court trial of juveniles	237	(16)
Summary trial of juveniles	253	(2)
Relevant date -- age	255	(1)
Appeals from the youth court	256	(1)
Assessing the effectiveness of the youth court	256	(3)
Youth justice: what happens next?	259	(4)
Appeals from Magistrates' Courts and Youth Courts	263	(18)
Introduction	263	(1)
Appeal to the Crown Court	263	(5)
Procedure for appeal to the Crown Court	264	(1)
Bail pending appeal	264	(1)
The hearing of the appeal in the Crown Court	264	(1)
Decision	265	(1)
Equivocal pleas	265	(1)
Powers of the Crown Court	266	(1)
Abandonment of appeal	267	(1)
Further appeal from the Crown Court	268	(1)
Appeal to the Divisional Court by way of case stated	268	(5)
Refusal to state a case	269	(1)
Statement of case	270	(2)
Bail pending appeal	272	(1)
The hearing	272	(1)
Powers of the Divisional Court	272	(1)
Abandonment of appeal	273	(1)
Effect on the right of appeal to the Crown Court	273	(1)
Judicial review	273	(5)
Grounds	274	(1)
Procedure	275	(2)
Bail	277	(1)
Remedies	277	(1)
Appeal against sentence	278	(1)
Case stated or judicial review?	278	(1)
Appeals from the youth court	279	(1)
Further appeals	279	(1)
From the Crown Court	279	(1)
From the Divisional Court	280	(1)
The Auld Review	280	(1)
Disclosure: The Criminal Procedure and Investigations Act 1996	281	(34)
Disclosure of unused material under the Criminal Procedure and Investigations Act 1996	281	(17)
The duty of the investigator	281	(1)
Disclosure of unused material by the prosecution	282	(1)
Disclosure by the defence	283	(7)
Secondary disclosure by the prosecution	290	(1)
Revised test for prosecution disclosure under the Criminal Justice Act 2003	291	(1)
Continuing disclosure duty of the prosecution	292	(1)
The continuing duty under the Criminal Justice Act 2003	292	(1)
Faults in disclosure by the defence	293	(1)
Sanctions against the defendant under the Criminal Justice Act 2003	294	(1)
Defence application for disclosure	295	(1)
Time limits	295	(1)
Third party disclosure	296	(2)
Public interest immunity	298	(14)
Public interest immunity and the European Court of Human Rights	299	(2)
Domestic case law on public interest immunity	301	(5)
Procedure for determining public interest immunity claims	306	(4)
Use of `special counsel' in public interest immunity applications	310	(2)
Confidentiality	312	(1)
Applications by the accused under the CPIA 1996	313	(2)
Transferring Cases to the Crown Court for Trial	315	(24)
Introduction	315	(1)
Background	315	(1)
The two forms of committal	316	(1)
Committal without consideration of the evidence	317	(1)
Pre-conditions for a s 6(2) committal	317	(1)
Procedure	317	(1)
Publicity: reporting restrictions	318	(2)
Lifting the restrictions	318	(1)
Defining what can be reported	319	(1)
Committal with consideration of the evidence	320	(2)
Challenging the decision to commit for trial	322	(1)
Other methods of securing trial on indictment	322	(4)
A voluntary bill of indictment	322	(3)
Notices of transfer	325	(1)
Indictable-only offences: transfer to the Crown Court	326	(5)
Submission of no case to answer	327	(1)
Reporting restrictions	328	(1)
Linked offences	328	(2)
Other defendants	330	(1)
Moving the trial	331	(1)
Summons to a potential prosecution witness to make a deposition	331	(1)
Extending s 51 to either way offences (the Criminal Justice Act 2003)	332	(7)
Serious or complex fraud cases and cases involving child witnesses	336	(1)
Reporting restrictions	337	(2)
Indictments	339	(24)
Introduction	339	(1)
Terminology	339	(1)
Drafting the indictment	340	(1)
Time limit	340	(1)
Form of indictment	341	(1)
Rule 4: the rule against duplicity	342	(2)
Rule 7	343	(1)
Breach of r 4 or r 7	344	(1)
Co-defendants	344	(1)
Secondary parties	344	(1)
Rule 9: joinder of counts	345	(3)
Same facts	345	(1)
Same or similar character	346	(1)
Joinder of defendants under r 9	347	(1)
Joinder of summary offences under s 40 of the Criminal Justice Act 1988	347	(1)
Discretion to order separate trials	348	(4)
Separate counts	348	(2)
Co-defendants	350	(2)
Breach of r 9: misjoinder	352	(2)
Curing the defect	352	(1)
Validity of the indictment	353	(1)
Deciding the contents of the indictment	354	(3)
Substituting offences	355	(1)
Adding offences	355	(1)
More than one indictment	356	(1)
More than one defendant	356	(1)
Alternative counts	356	(1)
Overloading the indictment	357	(1)
Amending the indictment	357	(2)
Quashing the indictment	359	(1)
Should indictments be more detailed?	360	(3)
Trial on Indictment: Preliminaries	363	(36)
Introduction	363	(1)
Disclosure of evidence to the defence	363	(3)
Witness to be called by the prosecution	363	(1)
Editing prosecution evidence	363	(2)
Witnesses whom the prosecution do not intend to call: unused material	365	(1)
Disclosure by the defence	366	(1)
Disclosure of the defence case	366	(1)
Expert evidence	366	(1)
Securing the attendance of witnesses	366	(2)
Preparatory and pre-trial hearings; plea and directions hearings	368	(8)
Preparatory hearings	368	(2)
Appeals from preparatory hearings	370	(2)
Pre-trial hearings	372	(1)
Plea and directions hearings	373	(3)
The trial	376	(4)
Presence of the defendant	376	(2)
Bail	378	(1)
Unrepresented defendants	379	(1)
Adjournments	380	(1)
The jury	380	(5)
Who can serve on a jury?	381	(3)
Empanelling a jury	384	(1)
Challenges to jurors	385	(6)
Challenging the whole jury	385	(1)
Challenging individual jurors	386	(4)
Discharge of individual jurors during the trial	390	(1)
Discharge of the entire jury	390	(1)
Composition of the jury as a ground of appeal	391	(1)
Special measures directions and live links	391	(8)
Special measures directions	391	(4)
Evidence through television link/pre-recorded video	395	(4)
Crown Court Trial -- The Course of the Trial	399	(78)
The start of the trial	399	(1)
Content of the prosecution opening speech	399	(1)
The prosecution case	399	(5)
Formal admissions	399	(1)
Prosecution witnesses	400	(1)
Reading witness statements	400	(1)
Section 23 of the Criminal Justice Act 1988	401	(3)
Real evidence	404	(1)
Challenging the admissibility of prosecution evidence	404	(2)
Section 76 of the Police and Criminal Evidence Act 1984	404	(2)
Section 78 of the Police and Criminal Evidence Act 1984	406	(1)
The European Convention on Human Rights	406	(1)
Witnesses whom the prosecution must call	406	(1)
Tendering witnesses for cross-examination	407	(1)
Submission of no case to answer	407	(7)
Principles applied to submission of no case to answer	407	(4)
Acquittal by judge of his own motion	411	(1)
Power of the jury to acquit at any time after the close of the prosecution case	412	(1)
Judge-ordered and judge-directed acquittals -- a critical evaluation	412	(2)
The defence case	414	(3)
Adverse inferences	414	(2)
Defence evidence	416	(1)
Closing speeches	417	(1)
Variation in procedure where there is more than one defendant	417	(1)
Defendants separately represented	417	(1)
Defendants jointly represented	418	(1)
Re-opening the prosecution case	418	(1)
The judge's summing up	419	(13)
The respective functions of the judge and the jury	419	(1)
Burden and standard of proof	420	(1)
Explanation of the law involved and how it relates to the facts	420	(1)
Such warnings as are appropriate	421	(10)
Alternative counts	431	(1)
Unanimous verdict	431	(1)
Summing up fairly	431	(1)
Retirement of the jury	432	(2)
Separation of the jury	433	(1)
No further evidence	433	(1)
Questions from the jury after retirement	434	(1)
Returning a verdict	434	(2)
Guilty verdict	435	(1)
Alternative counts	435	(1)
The jury is unable to reach a verdict	436	(1)
Majority verdicts	436	(3)
Content of majority verdict direction	438	(1)
Procedure after direction is given	438	(1)
The Watson direction	439	(1)
The verdict of guilty to an alternative offence	440	(5)
Express inclusion	440	(1)
Implied inclusion	441	(1)
Other statutory provisions	441	(1)
Summary offences	442	(1)
Scope of s 6(3) of the Criminal Law Act 1967	442	(1)
Directing the jury on alternative offences	443	(1)
Summary	444	(1)
Discharge of the jury	445	(1)
Guilty pleas	445	(1)
Procedure where the defendant pleads guilty	445	(1)
The Newton hearing	445	(1)
Mixed pleas	446	(1)
Plea bargaining	446	(1)
Pleading guilty to a lesser offence	446	(2)
Pleading guilty to an offence which is not on the indictment	446	(2)
Pleading guilty to an alternative count on the indictment	448	(1)
Advising the defendant on plea	448	(5)
Seeing the judge in his chambers	449	(4)
Change of plea	453	(1)
Alternatives to trial: offering no evidence; leaving counts on file	454	(1)
Offering no evidence	454	(1)
Leaving counts on file	455	(1)
Difference between offering no evidence and leaving counts on file	455	(1)
Different pleas from different defendants	455	(2)
What to tell the jury	455	(1)
When should sentence be passed on the defendant who pleads guilty?	456	(1)
`Turning Queen's evidence'	456	(1)
Variation of sentence	457	(1)
Other pleas	458	(7)
The ambiguous plea	458	(1)
If the defendant refuses to plead	458	(1)
Fitness to plead	458	(1)
Autrefois convict and autrefois acquit (double, jeopardy)	459	(2)
Scope of the autrefois doctrine	461	(1)
Tainted acquittals	461	(1)
Re-trial for serious offences under the Criminal Justice Act 2003	462	(3)
The effect of the European Convention on Human Rights	465	(1)
Trials on indictment without a jury	466	(11)
Research in how juries reach their verdicts	471	(6)
Appeals from the Crown Court	477	(56)
Introduction	477	(1)
The Court of Appeal	477	(1)
Procedure	478	(7)
The need for leave to appeal	478	(1)
Appeal against conviction where the defendant has pleaded guilty	479	(2)
Procedure for obtaining leave to appeal	481	(1)
Transcript of evidence and summing up	482	(1)
`Perfecting' the grounds of appeal	482	(1)
Granting of leave to appeal: the single judge	482	(1)
Challenging the decision of the single judge	483	(1)
The `direction for loss of time'	483	(1)
Procedure where leave is not required	484	(1)
Frivolous appeals	484	(1)
By-passing the single judge	484	(1)
Other powers of the Registrar of Criminal Appeals	484	(1)
Other powers of the single judge	485	(4)
Presence of the appellant	485	(1)
Bail	486	(1)
Public funding	486	(1)
Direction for loss of time	487	(1)
The Courts Act 2003: procedural directions	487	(2)
The hearing of the appeal	489	(1)
Grounds of appeal against conviction	489	(15)
Errors in the course of the trial	490	(5)
Appeals relating to the jury	495	(9)
Fresh evidence in the Court of Appeal	504	(4)
Result of appeal against conviction	508	(3)
Appeal dismissed	508	(1)
Successful appeal	508	(3)
Appeal against sentence	511	(3)
Leave to appeal	512	(1)
Procedure	512	(1)
The hearing	513	(1)
Grounds of appeal against sentence	514	(2)
Sentence is wrong in law	514	(1)
Sentence is wrong in principle	514	(1)
Sentence is manifestly excessive	514	(1)
Wrong approach to sentencing	515	(1)
Procedural errors	515	(1)
Legitimate sense of grievance	515	(1)
Disparity	515	(1)
Effect of appeal against a sentence	516	(1)
Appeals by the prosecution	517	(2)
Attorney General's reference	517	(1)
Attorney General's reference: excessively lenient sentences	517	(2)
Appeals to the House of Lords	519	(1)
The role of the Divisional Court	520	(1)
Free pardons	520	(1)
The Criminal Cases Review Commission	520	(4)
Membership	521	(1)
References	521	(1)
References by the Home Secretary	522	(1)
Power to order investigations	522	(1)
Investigative powers of the Commission	523	(1)
Prosecution appeals under the Criminal Justice Act 2003	524	(7)
Right of appeal against terminating rulings	528	(1)
Evidentiary rulings	528	(1)
Reversal of rulings	529	(1)
Further appeal	530	(1)
Custody time limits	530	(1)
Reporting restrictions	530	(1)
Compensation for miscarriages of justice	531	(2)
Representation Orders and Costs	533	(22)
Introduction	533	(12)
Grant of right to representation	534	(2)
Recovery of costs	536	(2)
Applying for a representation order	538	(3)
Nature of representation	541	(2)
Appeals against refusal of representation	543	(1)
Forthcoming changes to the funding scheme	544	(1)
Costs	545	(1)
Defendant's costs order	546	(2)
Prosecution costs from central funds	548	(1)
Defendant to pay prosecution costs	549	(3)
Appeals on costs	551	(1)
Publicly funded defendants	552	(1)
Wasted costs orders	552	(2)
Award of costs against third parties	554	(1)
Sentencing Procedure and Principles	555	(44)
The Halliday Report and the principles of sentencing	555	(3)
Procedure following a plea of guilty	558	(4)
The Newton hearing	559	(2)
Exceptions to the rule	561	(1)
Standard of proof	561	(1)
Appeals	561	(1)
Responsibility of the sentencer and of counsel	561	(1)
Procedure following conviction after a not guilty plea	562	(1)
Procedure after the prosecution summary of facts (if given)	563	(2)
Reports on the offender	565	(5)
Pre-sentence report	566	(1)
Disclosure of the pre-sentence report	567	(1)
Juveniles	568	(1)
Adjournments prior to sentence	568	(1)
Other reports	568	(1)
Keeping sentencing options open	569	(1)
The plea in mitigation	570	(1)
Aggravating and mitigating factors	571	(1)
The offence itself	571	(2)
Mitigation relating to the offender	573	(7)
A plea of guilty	573	(4)
Previous convictions	577	(1)
Failures to respond	578	(1)
Other factors	578	(1)
Associated offences	579	(1)
Rule that the defendant should be sentenced only for offences of which the has been convicted and exceptions to that rule	580	(3)
Offences taken into consideration ('TICs')	581	(1)
Specimen or sample counts	582	(1)
Sentencing guidelines	583	(3)
Reasons for sentencing decisions	586	(1)
Sentencing powers of magistrates courts	587	(4)
Summary offences	587	(1)
Offences which are triable either way	588	(1)
Consecutive terms of imprisonment	588	(1)
Fines	589	(1)
Compensation orders	589	(1)
Other sentences	589	(1)
Offenders aged 18 to 20	590	(1)
Sentencing juveniles in the magistrates' court	590	(1)
Sentencing the defendant in his absence	590	(1)
Sentencing powers of youth courts	591	(1)
Duties of counsel	591	(1)
Deferring sentence	591	(4)
Rehabilitation of offenders: spent convictions	595	(2)
Remission of cases between magistrates' courts	597	(1)
Responsibility for enforcement of orders	597	(2)
Offenders Over 21: Custodial Sentences	599	(46)
Statutory criteria for imposing custodial sentences	599	(13)
Seriousness of offence: s 79(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000	599	(3)
The custody threshold under the Criminal Justice Act 2003	602	(1)
Procedural requirements before imposing a custodial sentence	602	(1)
Determining length of sentence: s 80(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000	603	(1)
Length of sentence under the Criminal Justice Act 2003	604	(1)
Public protection: s 79(2)(b) of the Powers of Criminal Courts (Sentencing) Act 2000	605	(2)
Dangerous offenders under the Criminal Justice Act 2003	607	(2)
Discount where the offender pleads guilty	609	(1)
Concurrent and consecutive sentences	610	(2)
The principle of `totality'	612	(1)
Effect of time spent on remand	612	(1)
Early release	612	(6)
Relative to length of sentence	612	(1)
Home detention curfew	613	(1)
Commission of further offences	614	(2)
Murder	616	(1)
Discretionary life sentences	616	(2)
Suspended sentences of imprisonment	618	(3)
Combining a suspended sentence with other orders	620	(1)
Suspended sentence supervision order	620	(1)
Length of a suspended sentence	620	(1)
Activation of a suspended sentence	621	(2)
Determining action to be taken for breach of a suspended sentence	622	(1)
Mandatory sentences	623	(3)
Life sentence for second serious offence	623	(2)
Minimum sentences for a third Class A drug trafficking offence	625	(1)
Minimum sentence for a third domestic burglary	625	(1)
Minimum sentence for certain firearms offences	626	(1)
Discount for guilty plea	626	(1)
Custodial sentences under the Criminal Justice Act 2003	626	(2)
Prison sentences of less than 12 months	628	(1)
Intermittent custody	629	(3)
Suspended sentences of imprisonment	632	(6)
Requirements added to a suspended sentence	633	(1)
Breach of suspended sentence orders	634	(3)
Amendment of suspended sentence orders	637	(1)
Release on licence	638	(3)
Conditions of release on licence	639	(2)
Life sentences	641	(4)
Offenders Over 16: Community Sentences	645	(36)
Statutory criteria for imposing community orders	645	(1)
Community punishment orders	646	(2)
Requirements to be met before an order is made	647	(1)
Number of hours	647	(1)
Mixing community punishment with other orders	648	(1)
Community rehabilitation orders	648	(3)
Effect of a community rehabilitation order	648	(1)
Imposing additional requirements under a community rehabilitation order	649	(2)
Procedure for making a community rehabilitation order	651	(1)
Combining a community rehabilitation order with other sentences	651	(1)
Community punishment and rehabilitation orders	651	(1)
Curfew orders	652	(1)
Drug treatment and testing orders	652	(2)
Orders for persistent petty offenders	654	(1)
The Criminal Justice and Court Services Act 2000	655	(2)
Exclusion orders	655	(1)
Drug abstinence orders	656	(1)
Electronic monitoring of community orders	656	(1)
Enforcing community sentences	657	(4)
Dealing with breaches of community orders	657	(2)
Revocation of community orders on grounds other than breach	659	(1)
Commission of a subsequent offence	659	(2)
Re-sentencing for the original offence	661	(1)
Age of the offender	661	(1)
Community sentences under the Criminal Justice Act 2003	661	(13)
Unpaid work requirement (s 199)	664	(1)
Activity requirements (s 201)	665	(1)
Programme requirements (s 202)	666	(1)
Prohibited activity requirements (s 203)	667	(1)
Curfew requirements (s 204)	667	(1)
Exclusion requirements (s 205)	667	(1)
Residence requirements (s 206)	668	(1)
Mental health treatment requirements (s 207)	668	(1)
Drug rehabilitation requirements (s 209)	669	(2)
Alcohol treatment requirements (s 212)	671	(1)
Supervision requirements (s 213)	672	(1)
Attendance centre requirements (s 214)	672	(1)
Electronic monitoring requirements	673	(1)
Restrictions on community orders	673	(1)
Other duties of offenders subject to community orders	673	(1)
Revocation and amendment of community orders under the Criminal Justice Act 2003	674	(7)
Breach of community orders	674	(3)
Revocation of community orders other than for breach	677	(1)
Amendment of community orders	677	(1)
Commission of further offences	678	(3)
Fines, Discharges and Binding Over to Keep the Peace	681	(16)
Fines	681	(11)
Crown Court fines	681	(1)
Magistrates' courts fines for either way offences	682	(1)
Magistrates' courts fines for summary offences	682	(1)
Imprisonment in default (magistrates' court fines)	683	(1)
Fixing the amount of the fine	683	(2)
Obtaining information about the offenders' means	685	(1)
Summary	686	(1)
Enforcement of fines	686	(2)
Enforcement of fines under the Crime (Sentences) Act 1997	688	(1)
Enforcement of fines under the Courts Act 2003	688	(4)
Combining fines with other orders	692	(1)
Absolute and conditional discharges	692	(2)
Absolute discharge	693	(1)
Conditional discharge	693	(1)
Breach of conditional discharge	693	(1)
Combining discharges with other orders	693	(1)
Effect of conditional or absolute discharge	694	(1)
Binding over to keep the peace	694	(3)
Procedure	695	(1)
Refusal to enter into recognisance	695	(1)
Failure to comply with conditions of bind over	696	(1)
Young Offenders: Custodial Sentences	697	(10)
Detention and training orders	697	(3)
Duration of a detention and training order	698	(1)
Supervision under a detention and training order	699	(1)
Commission of further offences during the supervision period	700	(1)
Early release from a detention and training order	700	(1)
Detention in a young offender institution	700	(3)
Procedural requirements	701	(1)
Relevant date for determining the age of the offender	701	(2)
Length of detention	703	(1)
Custody for life/during Her Majesty's pleasure	703	(1)
Detention under s 91 of the Powers of Criminal Courts (Sentencing) Act 2000	704	(3)
Length of detention	704	(1)
Procedure to be followed before imposing a sentence under s 91	705	(1)
Effect of time spent on remand	705	(1)
Early release	705	(2)
Young Offenders: Non-Custodial Sentences	707	(18)
Powers of an adult magistrates' court	707	(1)
Powers of the youth court and Crown Court	707	(1)
Fines	707	(1)
Maximum fine	707	(1)
Payment of fine	707	(1)
Parental recognisance	708	(1)
Supervision orders	708	(5)
Duration of an order	709	(1)
Additional requirements	709	(3)
Breach of a supervision order	712	(1)
Revocation or amendment of an order	713	(1)
Attendance centre orders	713	(2)
Number of hours	713	(1)
Use of an attendance centre order	714	(1)
Breach of an attendance centre order	714	(1)
Discharge or variation of an attendance centre order	715	(1)
Curfew orders	715	(1)
Action plan orders	715	(1)
Reparation orders	716	(1)
Breach of an action plan order and a reparation order	717	(1)
Referral orders for young offenders: youth offender panels	717	(3)
Crime prevention provisions	720	(4)
Parenting orders	720	(2)
Child safety orders	722	(1)
Local child curfew schemes	723	(1)
The Criminal Justice Act 2003	724	(1)
Ancillary Orders	725	(28)
Compensation orders	725	(6)
Causation	726	(1)
Amount of compensation	727	(1)
Means of the offender	728	(1)
Juveniles	729	(1)
Combining compensation orders and other orders	730	(1)
Enforcement of compensation orders	730	(1)
Other methods of obtaining compensation	730	(1)
Restitution orders	731	(1)
Forfeiture orders	731	(2)
Effect of a forfeiture order	732	(1)
Other powers of forfeiture	732	(1)
Confiscation orders under the Proceeds of Crime Act 2002	733	(10)
Making of a confiscation order	733	(2)
Recoverable amount	735	(1)
Criminal lifestyle: assumptions	736	(1)
Statements of information	737	(1)
Time for payment	738	(1)
Effect of a confiscation order on the sentencing powers of the court	738	(1)
Enforcement	739	(1)
Postponement	740	(1)
Reconsideration	740	(1)
Appeals by the prosecution	740	(1)
Effect of the Proceeds of Crime Act 2002 on lawyers	741	(2)
Mentally disordered offenders	743	(3)
Hospital orders	744	(1)
Interim hospital orders	744	(1)
Restriction orders	744	(1)
Hospital orders and limitation directions	745	(1)
Guardianship orders	745	(1)
Juveniles	745	(1)
Anti-social behaviour orders; individual support orders	746	(2)
Other ancillary orders	748	(1)
Recommendation for deportation	748	(1)
Exclusion orders	748	(1)
Licensed premises	748	(1)
Football matches	748	(1)
Disqualifications	748	(2)
Company directors	748	(1)
Animals	749	(1)
Road traffic offenders	749	(1)
Disqualification under the Powers of Criminal Courts (Sentencing) Act 2000	750	(1)
Disqualification from working with children	750	(1)
Restraining orders	750	(3)
Sex offenders	751	(1)
Protection from harassment	751	(1)
Travel restrictions on drug traffickers	752	(1)
Sources and Theoretical Perspective	753	(12)
Practitioner texts	753	(1)
Academic textbooks	753	(1)
Weblinks	754	(1)
Theoretical perspectives -- a brief introduction	754	(11)
`Crime control'	755	(2)
`Due process'	757	(2)
Competing interests in the criminal justice system	759	(2)
Trying to achieve the balance: the Criminal Procedure Rules	761	(4)
Index	765