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9781841742458

Emmins on Sentencing

by ;
  • ISBN13:

    9781841742458

  • ISBN10:

    1841742457

  • Edition: 4th
  • Format: Paperback
  • Copyright: 2002-11-07
  • Publisher: Blackstone Press

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Summary

Sentencing is one of the fastest moving areas of law, with frequent legislative changes and hundreds of reported appellate decisions each year. The fourth edition of "Emmins on Sentencing" provides the most comprehensive coverage of modern sentencing law currently available. It offers a clear and authoritative guide to the sentences which are available to the courts and describes the powers of sentencing which can be used and how they are likely to be exercised in practice by the Crown Court or magistrates' courts.;Since the last edition much of sentencing law has been consolidated in the Powers of Criminal Courts (Sentencing) Act 2000, and "Emmins on Sentencing" has been completely rewritten to take account of all these changes. This edition also deals with important reforms in the Criminal Justice and Court Services Act 2000, including the introduction of exclusion orders, disqualification orders and drug abstinence orders. Numerous appellate decisions are explained and discussed in context, such as the developing case law on automatic life sentences, extended sentences, detention and training orders, victim impact evidence, and a range of new sentencing guideline decisions including drug offences, racially aggravated offences and handling stolen goods. The impact of the Human Rights Act 1998 on sentencing is explained, including the ramifications of Thompson and Venables v UK . The new Magistrates' Association Guidelines are also set out.

Author Biography


Martin Wasik is a barrister and Professor of Criminal Justice at Keele University. He specialises in sentencing law and since 1999 has been chairman of the Sentencing Advisory Panel, an independent advisory body set up under statute to assist the Court of Appeal in the framing and revision of sentencing guidelines. He is also one of the authors of Blackstones Criminal Practice.

Table of Contents

Preface ix
Preface to the First Edition xi
Table of Cases
xiii
Table of Statutes
xxxiii
Table of Statutory Instruments
xlv
Table of Home Office Circulars
xlvii
List of Abbreviations
il
Introduction
1(52)
An outline of procedure relevant to sentencing
An overview of sentencing
Aims of sentencing
Sentencing Law and Sentencing Principles
53(21)
How should the sentencer arrive at the sentence?
The statutory framework of sentencing
The duty to avoid discrimination
Costs of sentencing measures
Sentencing Procedure
74(39)
Advance indications of sentence
Adjournment before sentence
The facts of the offence
Antecedents evidence and criminal record
Reports
Defence mitigation and other representations
Pronouncing sentence
Taking other offences into consideration
Sample counts
Deferment of sentence
Legal representation
Commencement and variation of sentence
Rewards
Custodial Sentences
113(55)
Formal requirements before custody may be imposed
Justifying the imposition of custody
Varieties of custodial sentences
Fixing the length of custodial sentences
Sentencing and early release
The suspended sentence
Community Sentences
168(42)
Community sentences in general
Community rehabilitation orders
Community punishment orders
Community punishment and rehabilitation orders
Curfew orders
Drug treatment and testing orders
Drug abstinence orders
Exclusion orders
Breach, revocation and amendment of certain community orders
Attendance centre orders
Supervision orders
Action plan orders
Fines and Deprivation Orders
210(22)
Fines in the Crown Court
Fines in magistrates' courts
Fining juveniles
Combining fines with other sentences or orders
Enforcement of fines
Persistent petty offenders
Deprivation orders under the PCC(S)A 2000, s. 143
Deprivation orders under other statutes
Discharge, Bind Over, Reparation and Parenting Orders
232(12)
Absolute and conditional discharge
Binding over to keep the peace
Binding over to come up for judgment
Reparation orders
Parenting orders
Compensation and Restitution
244(12)
Compensation orders
Restitution orders
Confiscation
256(10)
Confiscation orders: drug trafficking
Confiscation orders: CJA 1988
Disqualification and Exclusion
266(21)
Disqualification from driving and driving licence endorsement
Disqualification of company directors
Recommendation for deportation
Exclusion from licensed premises
Football banning orders
Disqualification from working with children
Other disqualifications and exclusions
Mentally Disordered Offenders
287(12)
Community rehabilitation orders with requirement of treatment
Supervision orders with requirement of treatment
Hospital orders
Guardianship orders
Restriction orders
Hospital and limitation directions
Orders consequent upon a finding of insanity, unfitness to plead, etc.
Sentencing for a Range of Offences
299(66)
Sentencing for homicide and related offences
Sentencing for non-fatal offences against the person
Sentencing for sexual offences
Sentencing for theft and related offences
Sentencing for criminal damage and arson
Sentencing for offences related to public order
Sentencing for offences against the administration of justice
Sentencing for offences involving dangerous drugs
Sentencing for road traffic offences
Appeals, Rehabilitation and Pardon
365(19)
Appeal against sentence passed by a magistrates' court
Appeal by offender against sentence passed by the Crown Court
Reference by Attorney-General in respect of sentence passed by the Crown Court
Appeal to House of Lords against sentence
Petitioning the European Court of Human Rights
Disqualifications upon conviction
Rehabilitation of offenders
Pardon and release on compassionate grounds
Appendix: Referral Orders 384(1)
Index 385

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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