Monthly Archives: March 2025
A new Crime and Policing Bill is due before Parliament for the first time on 25 February 2025. The Government claim that “the new bill will help tackle the crimes that matter most to communities but have been ignored for too long.”
The governments sets out the background to the measures – “the year ending September 2024, police recorded one million incidents of antisocial behaviour. In the same period, they recorded over 490,000 shop theft offences, an increase of 23 percent over the previous 12-month period. Instances of theft from a person increased by 22 percent.
It is proposed under new warrantless powers of entry that police will be able to enter premises where stolen phone locations can be identified through a ‘find my phone’ app, WiFi access points, Bluetooth, mobile network technology or tracking devices attached to any other possession or vehicle.
Two aspects of the Bill will propose a separate offence of assault upon shop workers and previous legislation restricting shop thefts with a value of less than £200 to the Magistrates’ Court will be scrapped.
Respect Orders are proposed. These appear to be a re-branded form of Anti-Social Behaviour Orders (ASBOs). They will be used in conjunction with new powers to seize off-road bikes used in parks and e-scooters used on pavements.
Stalking Protection Orders are to be strengthened, along with a new offence covering spiking and a law preventing certain offenders from changing their names while still a risk.
A full summary of the proposals in the Crime and Policing Bill can be found here.
Contact one of our expert criminal lawyers
It is clear that the Crime and Policing Bill will once more amend the law and bring in a host of new offences. Our solicitors are able to advise you in relation to any aspect of the new or existing laws. Please do not hesitate to contact us if you are facing an investigation or prosecution.
Advice and representation in a police interview under caution will always be free of charge to you.
Legal Aid will often be available to defend court proceedings.
We have offices across the East Midlands.
Contact your nearest office here.
Alternatively you can use the contact form below
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Monthly Archives: March 2025
The Sentencing Council has published a significantly revised version of the Imposition of community and custodial sentences guideline. It’s application may result in few people going to prison straight away.
This, in reality, new guideline sets out the guidance that magistrates and judges must follow when imposing community orders and custodial sentences, including deciding whether a custodial sentence can be suspended. Is is not isIt has been developed through public consultation and comes into effect on 1 April 2025.
The Guideline reminds courts that sentencers must have regard to the five purposes of sentencing when determining sentence. These are:
- The punishment of offenders
- The reduction of crime (including its reduction by deterrence)
- The reform and rehabilitation of offenders
- The protection of the public
- The making of reparation by offenders to persons affected by their offences
Sentencers are reminded that ‘the weight each purpose should be given will vary from case to case. Both community and custodial sentences can achieve all the purposes of sentencing.’
Although a restriction on liberty will sometimes be necessary to safeguard victims and/or the public. The Guideline stresses that ‘a restriction on liberty can be achieved by a community or a custodial sentence.’
The Guideline talks about the importance of pre-sentence report in helping the court make the correct decision on sentence. It appears to stress that any sentencing decision should be tailored to the individual.
This could signal a more flexible approach that results in fewer people going to prison. The Guideline stresses this:
“Passing the custody threshold does not mean that a custodial sentence (whether immediate or suspended) is inevitable. Custody should not be imposed where the purposes of sentencing could be achieved by a community order or where circumstances exist which may make a custodial sentence disproportionate to achieving the purposes of sentencing (for example, where there would be an impact on dependants, including on unborn children where the offender is pregnant.)”
The Guideline also reminds sentencers of their power of deferment and when this might be most appropriate:
“A deferment order is available to a magistrates’ court or the Crown Court. It delays the passing of a sentence until a date specified by the court which must be within 6 months. The court may impose deferment requirements as to the offender’s conduct during the period of deferment.
Deferring sentencing may be particularly appropriate for young adults (typically 18-25 years of age) or those who are in transitional life circumstances.”
We will be reviewing in detail the potential effect of these guidelines on the approach to sentence.
Contact one of our expert criminal lawyers
If you think you are going to prison you will want to seek expert legal advice. Our solicitors and advocates are able to advise you in relation to any aspect of sentence and will be changing our approach where necessary to adapt to this changing guidance. Please do not hesitate to contact us if you require advice in relation to criminal proceedings.
Advice and representation in a police interview under caution will always be free of charge to you.
Legal Aid will often be available to defend court proceedings.
We have offices across the East Midlands.
Contact your nearest office here.
Alternatively you can use the contact form below
