Criminal justice act 1991
Justice act wikipedia, the free to: navigation, article needs more links to other articles to help integrate it into the encyclopedia. Introductory text sets out the intent of the legislation as follows:″an act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes. Http:///ukpga/1991/53/ legislation in the united kingdom, or its constituent jurisdictions article is a stub. 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Convention on the reduction of tion starter rds and ld al justice act al legislative bodies / national on / document act empowers, inter alia, the secretary of state for the home department to remove foreign national prisoners from prison early for the purpose of removing them from the united kingdom, under the early removal scheme (ers). Any views expressed are solely those of the author or publisher and do not necessarily reflect those of unhcr, the united nations or its member act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:- - part i powers of courts to deal with offenders custodial sentences 1 restrictions on imposing custodial sentences. Powers of criminal courts act 1973 ("the 1973 act") there shall be substituted the following subsections- -. 2) a probation order shall specify the petty sessions area in which the offender resides or will reside; and the offender shall, subject to paragraph 12 of schedule 2 to the criminal justice act 1991 (offenders who change their residence), be required to be under the supervision of a probation officer appointed for or assigned to that area. B) the consequences which may follow under schedule 2 to the criminal justice act 1991 if he fails to comply with any of the requirements of the order; and. 5) the court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area- -. 8) an order under subsection (7) above may make in paragraph 13(2)(a)(i) of schedule 2 to the criminal justice act 1991 any amendment which the secretary of state thinks necessary in consequence of any substitution made by the order. 2a) subject to paragraphs 3 and 4 of schedule 3 to the criminal justice act 1991 (reciprocal enforcement of certain orders) a court shall not make a community service order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside. Criminal procedure (scotland) act 1975 (corresponding scottish provision), for subsection (2) there shall be substituted the following subsection- -. In section 289b(6) of the criminal procedure (scotland) act 1975 (interpretation), in the definition of "prescribed sum", for "â£2,000" there shall be substituted "â£5,000". Criminal justice act 1988 ("the 1988 act"), subsection (7) (crown court sentencing powers in relation to summary offence dealt with together with either way offence) shall have effect as if this section had not been enacted. Criminal procedure (scotland) act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following table- - "amount of fine or caution maximum period of imprisonment an amount not exceeding â£200 7 days an amount exceeding â£200 but not exceeding â£500 14 days an amount exceeding â£500 but not exceeding â£1,000 28 days an amount exceeding â£1,000 but not exceeding â£2,500 45 days an amount exceeding â£2,500 but not exceeding â£5,000 3 months an amount exceeding â£5,000 but not exceeding â£10,000 6 months an amount exceeding â£10,000 but not exceeding â£20,000 12 months an amount exceeding â£20,000 but not exceeding â£50,000 18 months an amount exceeding â£50,000 but not exceeding â£100,000 2 years an amount exceeding â£100,000 but not exceeding â£250,000 3 years an amount exceeding â£250,000 but not exceeding â£1 million 5 years an amount exceeding â£1 million 10 years.
Administration of justice act 1970 shall cease to have effect; and that subsection (discretion of crown court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted. Administration of justice act 1970, as having been adjudged to be paid on conviction by such a court. Administration of justice act 1970, treated as having been adjudged to be paid on a conviction by a magistrates' court;. Criminal justice act 1967, commit the offender in custody or on bail to the crown court for sentence in accordance with the provisions of section 42 of the [1973 c. 3) paragraphs (a) and (b) of subsection (2) above shall be construed as if they were contained in part i of the criminal justice act 1991. 2) if recommended to do so by the board, the secretary of state may, after consultation with the lord chief justice together with the trial judge if available, release on licence a life prisoner who is not a discretionary life prisoner. Criminal justice act 1967 ("the 1967 act") by any relevant period within the meaning of that section ("the relevant period"). 1) this section applies where, in the case of a transferred life prisoner, the secretary of state, after consultation with the lord chief justice, certifies his opinion that, if- -. 2) a deposition of a child's unsworn evidence may be taken for the purposes of criminal proceedings as if that evidence had been given on oath. 2) subsection (1) of section 38 of the 1933 act (evidence of child of tender years to be given on oath or in certain circumstances unsworn) shall cease to have effect; and accordingly the power of the court in any criminal proceedings to determine that a particular person is not competent to give evidence shall apply to children of tender years as it applies to other persons. 2) a notice of transfer shall be served before the magistrates' court begins to inquire into the case as examining justices. B) appeals to the criminal division of the court of appeal and hearings of references under section 17 of the [1968 c. C) the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording ought not to be admitted;. Where the court gives such leave it may, if it is of the opinion that in the interests of justice any part of the recording ought not to be admitted, direct that that part shall be excluded. 10) a magistrates' court inquiring into an offence as examining justices under section 6 of the [1980 c. 5) in this section "child" has the same meaning as in section 53 of the criminal justice act 1991. A) to trials on indictment, appeals to the criminal division of the court of appeal and hearings of references under section 17 of the criminal appeal act 1968; and.
B) suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from this subsection) lawfully sit,The court may sit for the purposes of the whole or any part of those proceedings at any place at which such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts. 3b) a place appointed under subsection (3) above may be outside the petty sessions area for which it is appointed; but it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area. 5) in subsection (5) of that section, for paragraphs (a) and (b) there shall be substituted the words "magistrates' courts rules, crown court rules and criminal appeal rules". 8) a court may vary or revoke an order made by it under this section if, on the application of the parent or guardian, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so. Police and criminal evidence act 1984 (duties of custody officer after charge), for subsections (6) and (6a) there shall be substituted the following subsections- -. Sexual offence" and "violent offence" have the same meanings as in part i of the criminal justice act 1991;. 3a) section 18 of the criminal justice act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (3) above as if the failure to attend or the breach of the rules were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction. Section 5 of that act (restrictions on criminal proceedings for offences by young persons), subsections (1) to (7) and, in subsection (9), the definitions of "qualified informant" and "designated";. Police and criminal evidence act 1984, subsections (11) to (14) (duties of custody officer as respects young persons),Shall cease to have effect. B) of such number as may be so specified of justices of the peace for the petty sessions areas of the inner london probation area who are not metropolitan stipendiary magistrates, chosen in such manner as may be so specified by the justices for those areas who are not such magistrates;". A) a justice of the peace, chief clerk or justices' clerk who is exercising any functions in the court-house; and. 1) in section 55(2) (duties of local authorities outside greater london) of the justices of the [1979 c. B) the sums payable under part ii of this act on account of a person's salary or expenses as justices' clerk for the non-metropolitan county or metropolitan district or any part thereof, the remuneration of any staff employed by the magistrates' courts committee to assist him and the remuneration of any court security officers employed (whether by that committee or the council) under section 76(2)(a) of the criminal justice act 1991, together with- -. Bb) the sums payable under any contract entered into (whether by the magistrates' courts committee or the council) under section 76(2)(b) of the criminal justice act 1991;". B) the sums payable by way of salary or expenses to justices' clerks and other officers employed by the committee of magistrates and the remuneration of any court security officers employed (whether by that committee or the receiver) under section 76(2)(a) of the criminal justice act 1991, together with- -. Bb) the sums payable under any contract entered into (whether by the committee of magistrates or the receiver) under section 76(2)(b) of the criminal justice act 1991;". Court staff" means persons appointed or deemed to have been appointed as justices' clerks, or employed by a magistrates' courts committee to assist a justices' clerk, under part iii of the justices of the [1949 c.
A) enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions; or. 1) if it appears to the crown court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection, that a person in whose case an order for conditional discharge has been made- -. B) has been dealt with in respect of that offence,That court or justice may, subject to subsection (3) below, issue a summons requiring that person to appear at the place and time specified therein or a warrant for his arrest. B) if the order was made by a magistrates' court, by a justice acting for the petty sessions area for which that court acts. 3) a justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath. 2) in this paragraph "sexual offence" has the same meaning as in part i of the criminal justice act 1991. 1) if at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may- -. A) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and. 1) this paragraph applies where a relevant order is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates' court acting for the petty sessions area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice- -. 2) if it appears to the crown court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the crown court may- -. 2) if it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may- -. Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the crown court and it appears to the crown court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the crown court may revoke the order. B) on the application of the offender or the responsible officer, it appears to a magistrates' court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,The court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 act. B) if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the clerk to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated- -. In a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer. Criminal procedure (scotland) act 1975 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above. Ii) if it is in northern ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,That the offender has failed to comply with any of the requirements of the legislation applicable to the order; or.
Ii) if it is in northern ireland, of the probation officer concerned,That it would be in the interests of justice for a power conferred by paragraph 7 or 8 of schedule 2 to this act to be exercised,The home court may require the offender to appear before the court which made the order. Powers of criminal courts act 1973, would if included in a probation order made under that act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that schedule";. D) in subsection (4), for the words from "the powers" to the end of the proviso there shall be substituted the words "schedule 2 to the criminal justice act 1991 shall apply to the order- -. A) except in the case mentioned in paragraph (b) below, as if that order were a probation order made under section 2 of the powers of criminal courts act 1973; and. B) in the case of an order which contains a requirement such as is mentioned in subsection (5a) of section 183 or 384 of this act, as if it were a combination order made under section 11 of the said act of 1991:Provided that part iii of that schedule shall not so apply; and sub-paragraphs (3) and (4) of paragraph 3 of that schedule shall so apply as if for the first reference in the said sub-paragraph (3) to the crown court there were substituted a reference to a court in scotland and for the other references in those sub-paragraphs to the crown court there were substituted references to the court in scotland. A) on information to a justice of the peace acting for the petty sessions area for the time being specified in the order, that the offender has failed to comply with any of the requirements of the 1973 act applicable to the order; or. B) on the application of the offender or the probation officer, that it would be in the interests of justice for the power conferred by paragraph 1 of schedule 2 to the probation act (northern ireland) 1950 to be exercised,The home court may require the offender to appear before the court which made the order. 49)section 12(2) (contempt in face of magistrates' court)section 14(2) (contempt in an inferior court) â£2,500â£2,500 enactment maximum fine criminal justice act 1982 (c. 4) section 18 of the criminal justice act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (3) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction. 5) section 18 of the criminal justice act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (4) above as if the failure to attend before the magistrates' court were a summary offence punishable by a fine not exceeding level 4 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction. 2a) section 18 of the criminal justice act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (2) above as if the failure to attend before the magistrates' court were a summary offence punishable by a fine not exceeding level 4 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction. 4) oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so. 3) where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so. Administration of justice (miscellaneous provisions) act 1933 (procedures for indictment of offenders), after paragraph (aa), there shall be inserted the following paragraph- -. Ab) the offence is specified in a notice of transfer under section 53 of the criminal justice act 1991 (violent or sexual offences against children); or". Criminal justice act 1987" there shall be substituted the the words "regulations under the relevant provision". Criminal justice act 1987 in a case to which paragraph (aa) above applies, and paragraph 4 of schedule 6 to the criminal justice act 1991 in a case to which paragraph (ab) above applies".
Legal aid act 1988 (power of magistrates' court to grant legal aid for crown court proceedings), in paragraph (b), after the word "cases)" there shall be inserted the words "or section 53 of the criminal justice act 1991 (transfer of certain cases involving children)". 7) section 18 of the criminal justice act 1991 (fixing of certain fines by reference to units) shall apply- -. 1) part i of the 1980 act (criminal jurisdiction and procedure) shall be amended as follows- -. D) in subsection (6a), for the words "section 15 of the criminal justice act 1982" there shall be substituted the words "section 65 of the criminal justice act 1991". C) in sub-paragraph (6a), for the words "section 15 of the criminal justice act 1982" there shall be substituted the words "section 65 of the criminal justice act 1991". D) in subsection (6a), for the words "section 15 of the criminal justice act 1982" there shall be substituted the words "section 65 of the criminal justice act 1991". In section 38(2) of the 1933 act (false evidence by child) for the words "as aforesaid" there shall be substituted the words "unsworn in any proceedings for an offence by virtue of section 52 of the criminal justice act 1991". In section 10(2) of the criminal appeal act 1968 (appeal against sentence in other cases dealt with by crown court), for paragraph (b) there shall be substituted the following paragraph- -. B) having been made the subject of an order for conditional discharge or a community order within the meaning of part i of the criminal justice act 1991 (other than a supervision order within the meaning of that part) or given a suspended sentence, appears or is brought before the crown court to be further dealt with for his offence. 1a) sub-paragraphs (a) and (b) of subsection (1)(ii) above shall be construed as if they were contained in part i of the criminal justice act 1991. Powers of criminal courts act 1973" and the words "placing him on probation or" shall cease to have effect. In section 11(2) of the 1973 act (substitution of conditional discharge for probation) for the words "section 8 of this act" there shall be substituted the words "paragraph 7 of schedule 2 to the criminal justice act 1991". A) in subsection (4), for the words "section 17(5) of this act" there shall be substituted the words "part iv of schedule 2 to the criminal justice act 1991";. B) in subsection (5)(b), for the words "section 16" there shall be substituted the words "part ii of schedule 2 to the criminal justice act 1991"; and. In section 15(2) of that act (obligations of person subject to community service order), for the words "section 17(1) of this act" there shall be substituted the words "paragraph 15 of schedule 2 to the criminal justice act 1991". 1) in schedule 1 to the juries act 1974, group b (which disqualifies from jury service persons concerned with the administration of justice) shall be amended as follows. 2) after the entry relating to a shorthandwriter in any court, there shall be inserted the following entry- - "a court security officer within the meaning of part iv of the criminal justice act 1991.
3) after the entry relating to governors, chaplains, medical officers and other officers of penal establishments and members of boards of visitors for such establishments, there shall be inserted the following entry- - "prisoner custody officers within the meaning of part iv of the criminal justice act 1991. Powers of criminal courts act 1973 (breach of requirement of probation or community service order)" there shall be substituted the words "part ii of schedule 2 to the criminal justice act 1991 (breach of requirement of probation, community service, combination or curfew order)". Power of criminal courts act 1973 (cases in which absolute and conditional discharges may be made, and their effect), in addition to an order discharging him absolutely or conditionally;". In section 12(1)(a) of the 1980 act (non-appearance of accused: plea of guilty), after the words "this section" there shall be inserted the words "and section 18 of the criminal justice act 1991 (unit fines)". A) the date of the coming into force of section 17 of the criminal justice act 1991 (increase of certain maxima); or. B) the court is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) of section 1 of the criminal justice act 1991 apply or the case falls within subsection (3) of that section,". 2) in subsection (4) of that section, for the words "section 15(11) below" there shall be substituted the words "section 65(6) of the criminal justice act 1991". Powers of criminal courts act 1973" there shall be substituted the words "part ii of schedule 2 to the criminal justice act 1991". I) released on licence under section 33(1)(b) or (2), 34(3) or 35(1) or (2) of the criminal justice act 1991;". 9) the provisions contained by virtue of subsection (1)(c) above in a warrant under this act shall, in the case of a prisoner to whom section 48 of the criminal justice act 1991 (discretionary life prisoners transferred to england and wales) applies, include provision specifying the relevant part of his sentence within the meaning of section 34 of that act (duty of secretary of state to release discretionary life prisoners). A) in sub-paragraph (1), for the words from "section 60" to "of that section" there shall be substituted the words "section 33(1)(b) or (2), 34(3) or (5) or 35(1) of the criminal justice act 1991 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision,"; and. 4) in paragraph 3 of that schedule, for the words "section 61 of the criminal justice act 1967" there shall be substituted the words "section 35(2) of the criminal justice act 1991". In section 22(11) of the prosecution of offences act 1985 (time limits in relation to preliminary stages of criminal proceedings), after the definition of "appropriate court" there shall be inserted the following definition- -. In section 34 of the criminal justice act 1988 (abolition of requirement of corroboration for unsworn evidence of children), subsection (1) shall cease to have effect and, in subsection (3), for the words "section 38 of the [1933 c. Children and young persons act 1933" there shall be substituted the words "section 52 of the criminal justice act 1991". Addition does a criminal record really help people to normal employment (particularly employment more crime (where the crime is of a pecuniary nature), etc. Can be deferred for 6 months with the offender't under the powers of criminal courts addition, under the criminal justice order act 1994, s.
48, the court shall take t the stage at which guilt was admitted, and stances under which the plea was given, and if in doing s its sentence shall say criminal justice act 1991 made important changes to sentencing policy in 50 years, tion of the public, and prevention of crime central , as well as making the punishment fit the crime, by ces commensurate with the seriousness of the are the sentences? This ed to other serious crime by the the proceeds of crime act 1995,Any of a criminal's assets may seized, not just the proceeds , provided the offence is indictable, or is a summary ture of the tools of the criminal ng used to commit or facilitate any offence may be seized. Maximum compensation order imposable by the magistrates increased from two to five thousand pounds by the criminal justice act 1991, section 17 (3)(a). Are designed to stop the victim from having to sue in court, and not strictly speaking a the criminal justice act 1988,The court must give reasons if it does not award the abjudged goods are damaged, a compensation order can d in addition can be imposed for any offence, except murder and treason;. Magistrates courts can impose fines up to £5000 for crime, justice and protecting the public white ced a desire to make these proportional to the y to pay, in order to reduce the number of g time for non-payment. The e act 1991 enacted this, with the unit fine system,Which multiplied the unit seriousness of the offence by er's disposable income. The system did not work, ed in absurdly high fines for trivial offences, and al justice act 1993 (section. 1)) restored judicial discretion by adding that courts power to alter fines according to offenders' levels of the units introduced by the 1991 act were: level 1. 2500, and level 5 - £5000; on summary s were also made responsible for their children's maximum fine imposable on a child is £250 on tion for an either way offence, or £1000 for a on summary conviction for an either way ble on those with mental illnesses and lasting until er has been ity penalties may be imposed for any offence (except ied, except for those where the penalty is fixed at criminal justice act 1991 (s. 6),Provides that community penalties may not be imposed unless e is so serious that no other sentence would riate, and that the penalty should be commensurate with sness of the ity penalties were defined as probation orders, e orders, combination orders, curfews, supervision orders,And attendance centre ion was introduced by the e act 1925, and remained largely unchanged until al justice act 1991, which, n 8, allows probation of offenders as young as 16 (t the previous minimum age of 17). If imposing residence requirements, ctions or drug and alcohol treatment orders (criminal justice act 1991, section 7). They ble by section 68 of the criminal 1988 on youths aged up to can include reparation requirements by s. 71 of the crime and disorder act ity service are only imposable for imprisonable may, as a result of the criminal 1991 be combined with fines. They are exercise criminal justice act 1982 introduced them, and forbad g on offenders with previous custodial sentences. Of the criminal justice act ed this, and increased the maximum number of hours for olds to 36, as for 17 year ation order (1991 act, s. The act also permits tagging by section the offence is indictable only, the court is required sion and use a pre-sentence report in considering impose a custodial sentence, by s 3 of al justice act 1991. Repealing the powers of criminal courts offence or offence in combination with the other offences serious only a custodial sentence can offence is violent or sexual and only a custodial suffice to protect the public from serious to the length of sentence, s 2(1) provides that it should surate with the seriousness of the offence or offence ation with the other offences, but can be lengthened so is necessary to protect the public from serious harm where e is violent or sexual (s 2(2)), subject, of course, to ory maximum for the the policy of the act is one of retribution in the ce, but with a combination of deterrence, rehabilitation,And crime prevention allowing lengthening of sentences in sexual offences.
Rather than according to sness of the crime), which it does not do, that prison is ineffective, or that the official that offenders have done the crime, ergo they should do , a medieval attitude defalcating large quantities 1991 act was amended by the crime er act 1998, which, by s. It also s 2(2) of the 1991 act applies as if the length of ce did not include the extension s. Serious offence is defined thus:Murder or attempts, ng or gbh with or attempted with a girl aged under sion of a firearm with intent to of a firearm to resist ng a firearm with criminal y with possession of a real or imitation is also now a minimum 7-year sentence (s. The act d courts to impose fines and compensation orders on to a suspended sentence of powers of criminal courts act 1973, provides that ce cannot be for more than 2 years, and have an (during which the sentence is damoclean) of between 1 and. Offence carries an optional life sentence, only 18-20 imposition of long-term detention is possible (under al justice and public order act 1994 s aged between 10 and 14 convicted of an offence ng a fixed penalty and with a maximum sentence of 14 years, indecent assault, death by dangerous driving, by careless driving under the influence of drugs the crime and disorder act 1998,Courts may order supervision after offenders' release ision may be ordered if it is desirable in the interests litation or preventing the commission of further training were introduced by the criminal order act 1994 for ers aged 12 to last for a period of between 6 months and 24 months. The magistrates' court an order lasting at least 2 years (providing entioned conditions are satisfied), which can contain ition the court feels is necessary to protect people local government area and, optionally, adjoining ied in the application (providing full consultation made), from further anti-social are not strictly sentences, although will often act l criminal behaviour, and they are heard as civil actions. Reparation order is an order for a criminal young offender,Ordering the offender to reparate the victim and/or community,And requirements contained in one should be commensurate with e's seriousness. Policy is governed in the main by the criminal justice act 1991, which followed the , justice and protecting the public white paper, designed the prison population and increase the use of courts decide their sentence based on guidelines from rates' court association (where appropriate), from m sentences imposable by their court (£5000 and in the magistrates' court), from the new ry panel (set up under the crime er act), from the maximum sentences in statutes,From the 'minimum' sentences laid down by (sentences) act, which provide for a minimum 3 ce for a third domestic burglary, life for a second e and 7 years for drug trafficking offences, from ines required (under the crime er act 1998) to be considered whether to be by the court of appeal when there is an appeal to it ce, and perhaps most significantly of all, the local general bench may also use reference books on the will decide based on the serverity of the offence, and ting and aggravating factors, and, with fines, mitigating and aggravating factors will be considered finding of guilt, where a plea in mitigation will be made,And a policeman will give details of previous convictions ound (e. A medical will decide the sentence based on whether other asked to be taken into consideration, and the time plea was made (if appropriate)(a provision of the criminal justice and public order act) -. Sentencing advisory was part of the crime and , and was historic labour party, also having t of justice. However, it seems absurd to leave t of considerable independence, and one subject read deabte to the whim of individual judges, -party debate seems more court of appeal is required, in laying down guidelines, attention to consistency of sentencing, to the cost s rate of sentences, to the to promote public confidence justice system (this implies longer sentences, child sex offenders, rapists and other popular s) as well as the opinions of the sentencing tal for criminal justice act 1991 s. D the magistrates court act provide that to commit an offender for sentencing, they be less than 18 years old, and to provide that offenders be committed if (previously commital was based on er's character and antecedents):The offence or offences taken together are so serious r punishment should be given than the magistrates the offence was violent or sexual and the offender is 21 or older, then a sentence longer than the court can impose ary to protect the public from serious also allowed for the magistrates' court to commit ers for sentencing for the first cing appeals by the criminal justice act 1988, attorney-general to appeal to the court of appeal (ey-general's reference) on overly lenient sentences. 36 (5)) by either party on a point of law of is governed by the criminal justice act. Mandatory life prisoners be released (under s 35(2)) with the consent of ary of state, parole board and lord chief justice ( minimum period recommended by the court will usually offenders are treated differently, and under section any part of the sentence is for a sexual offence, and cing court so specifies, licence will be under will last for the whole of the remainder of the than up to the 3/4 effectiveness (or otherwise) of sentencing. The criminal justice system as a exercises a deterrent effect -- crime would be ent if offenders could offend with impunity. However, the studies with the least ms (those based on scenarios of offending) are ned with informal sanctions; and, to the extent s criminal-justice responses at all, deal with "certainty". Additional confirmation for the hypothesis that , or the lack of them, affect the deterrent effects of al-justice policies -- with persons having strong …being the more readily deterred by prospects of ended.
It is consequently subjective, so s in criminal justice policies can have ent effect unless they alter potential offenders' sanction risks. The crime and disorder act seeks to deal with point by eliminating the use of multiple cautions uting opportunities for victim consultation and es, an approach that accords with the principles ative justice. Restorative justice cannot be forced ers, but] the majority of individuals offered to participate would like to do so.