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Practical Approach to Sentencing 5th Revised edition [Minkštas viršelis]

(Professor of Criminal Justice, Keele University)
  • Formatas: Paperback / softback, 360 pages, aukštis x plotis x storis: 245x169x19 mm, weight: 588 g
  • Serija: A Practical Approach
  • Išleidimo metai: 12-Jun-2014
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199695814
  • ISBN-13: 9780199695812
  • Formatas: Paperback / softback, 360 pages, aukštis x plotis x storis: 245x169x19 mm, weight: 588 g
  • Serija: A Practical Approach
  • Išleidimo metai: 12-Jun-2014
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199695814
  • ISBN-13: 9780199695812
Sentencing is one of the fastest moving areas of law, with frequent legislative changes and hundreds of reported appellate decisions each year. A Practical Approach to Sentencing - a completely updated and revised new edition of Emmins on Sentencing - offers the most comprehensive coverage of modern sentencing law, making it an essential purchase for all criminal practitioners.

The book provides a clear and complete guide to the sentences which are available to the courts, describing 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. Offering guidance and analysis on sentencing principles and procedures, the book also provides a practical summary of relevant sentencing guidelines and leading guideline decisions. With thorough coverage and explanation of the changes brought about by the Legal Aid, Sentencing and Punishment of Offenders Act, this new edition is an indispensable guide for criminal practitioners at all levels.

The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote clarity and ease of understanding.
Preface x
Table of Cases xii
Table of Statutes xxi
Table of Statutory Instruments, Criminal Practice Directions and Criminal Procedure Rules xxxiii
List of Abbreviations xxxiv
1 The Sentencing Process 1(45)
A An Outline Of Procedure Relevant To Sentencing
B Advance Indication Of Sentence (Goodyear)
C Adjournment Before Sentence
D Settling The Factual Basis For Sentence (Newton)
E Offences Taken Into Consideration
F Antecedents And Criminal Record
G Reports
H Victim Personal Statements
I Plea In Mitigation
J Passing Sentence And Giving Reasons
K Commencement Of Sentence
L Variation Of Sentence
M Rewards
2 General Provisions In Sentencing 46(34)
A Purposes Of Sentencing
B Sentencing Guidelines
C Offence Seriousness
D Personal Mitigation
E Reduction In Sentence For A Guilty Plea
F Reduction In Sentence For Assisting The Authorities
3 Custodial Sentences: Adult Offenders 80(29)
A Available Custodial Sentences
B General Requirements
C Time Spent On Remand Or Under Qualifying Curfew
D Imprisonment And Detention In A Young Offender Institution
E Suspended Sentence Of Imprisonment Or Detention In A Young Offender Institution
F Extended Sentences Of Imprisonment And Detention In A Young Offender Institution
G Life Sentence For The Second Listed Offence
H Discretionary Life Sentence
I Setting Minimum Term Under PCC(S)A 2000, Section 82A
4 Custodial Sentences: Offenders Under 109(13)
A Available Custodial Sentences
B Detention And Training Order
C Detention Under The Pcc(S)a 2000, Section
D Detention For Life
E Extended Sentence Of Detention
5 Custodial Sentences: Mandatory And Prescribed Sentences 122(12)
A Mandatory Life Imprisonment For Murder
B Custody For Life
C Detention During Her Majesty's Pleasure
D Prescribed Minimum Sentence For Third Class A Drug Trafficking Offence
E Prescribed Minimum Sentence For Third Domestic Burglary
F Prescribed Minimum Sentence For Firearms Offences
G Prescribed Minimum Sentences For Certain Offensive Weapons Offences
6 Community Sentences 134(27)
A Passing A Community Sentence
B Time Spent On Remand Before Community Sentence Passed
C Reports
D Community Order Requirements
E Breach Of Community Order Requirement
F Revocation Of Community Order Following Further Offence
G Revocation And Amendment Of Community Order
H Youth Rehabilitation Order
I Youth Rehabilitation Order Requirements
J Youth Rehabilitation Order With Intensive Supervision And Surveillance
K Youth Rehabilitation Order With Fostering
L Breach Of Youth Rehabilitation Order Requirement
M Revocation Of Youth Rehabilitation Order Following Further Offence
N Revocation And Amendment Of Youth Rehabilitation Order
7 Referral Orders And Reparation Orders 161(5)
A Referral Order
B Reparation Order
8 Deferment, Binding Over, And Discharge 166(11)
A Deferment Of Sentence
B Binding Over To Keep The Peace
C Binding Over To Come Up For Judgment
D Absolute And Conditional Discharge
9 Compensation, Restitution, And Surcharge 177(12)
A Compensation Orders
B Restitution Orders
C Surcharges
10 Orders Against Parents 189(6)
A Binding Over Of Parent Or Guardian Of Young Offender
B Financial Orders To Be Paid By Parent Etc
C Parenting Orders
11 Fines 195(14)
A Fines In The Magistrates' Courts
B Fining Young Offenders
C Fines In The Crown Court
D Combining Fines With Other Sentences
E Deprivation Orders
F Deprivation And Forfeiture Under Other Statutory Provisions
12 Orders Of Disqualification And Exclusion 209(32)
A Disqualification From Driving
B Recommendation For Deportation
C Exclusion From Licensed Premises
D Drinking Banning Orders
E Football Banning Orders
F Disqualification From Acting As Company Director
G Financial Reporting Orders
H Sexual Offence Prevention Orders
I Restraining Order (Protection From Harassment Act)
J Travel Restriction Orders
K Anti-Social Behaviour Orders
13 Mentally Disordered Offenders 241(10)
A Community Order With Mental Health Treatment Requirement
B Youth Rehabilitation Order With Mental Health Treatment Requirement
C Hospital Order
D Restriction Order
E Hospital And Limitation Directions
F Orders Consequent Upon A Finding Of Insanity Or Unfitness To Plead
14 Sentencing For A Range Of Offences 251(31)
A Sentencing For Homicide And Related Offences
B Sentencing For Non-Fatal Offences Against The Person
C Sentencing For Certain Property Offences
D Sentencing For Certain Drugs Offences
E Sentencing For Certain Sexual Offences
F Sentencing For Certain Other Offences
15 Sentencing Appeals And The Statutory Consequences Of Conviction 282(21)
A Appeal Against Sentence Passed By A Magistrates' Court
B Appeal By Offender Against Sentence Passed By The Crown Court
C Reference Bythe Attorney General
D Appeal To Supreme Court Against Sentence
E Reference By The Criminal Cases Review Commission
F Pardon And Release On Compassionate Grounds
G Disqualifications Upon Conviction
H Rehabilitation Of Offenders
Index 303
Martin Wasik CBE is Professor of Law at Keele University. He was formerly chairman of the Sentencing Advisory Panel (1997-2007). He is author of Emmins on Sentencing (4th edn, 2001), and has been a contributor to Blackstone's Criminal Practice since 1991.