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Sentencing Council
The Sentencing Council for England and Wales is a non-departmental public body that is responsible for developing sentencing guidelines, monitoring the use of guidelines and assessing and reviewing a wide range of decisions relating to sentencing. It was established in April 2010 in consequence of the Coroners and Justice Act 2009, replacing the Sentencing Guidelines Council and the Sentencing Advisory Panel, its predecessor bodies. Synopsis The Council aims to ensure a consistent approach to sentencing, demystify court processes and sentencing for victims and the public, and increase confidence in the criminal justice system. The Coroners and Justice Act 2009 gives the Sentencing Council a statutory duty to prepare sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Act 2020 (c. 17) (reduction in sentence for guilty plea), and sentencing guidelines about the application of any rule of law as to the totality of sentences. It is ab ...
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Scottish Sentencing Council
The Scottish Sentencing Council () is an Public bodies of the Scottish Government, advisory non-departmental public body in Scotland that produces sentencing guidelines for use in the High Court of Justiciary, sheriff courts and justice of the peace courts. Senator of the College of Justice, Judges, sheriff court, sheriffs, and justice of the peace, justices of the peace must use the guidelines to inform the sentence (law), sentence they pronounce against a convict, and they must give reasons for not following the guidelines. The Scottish Sentencing Council was established by the Scottish Ministers on 19 October 2015 under powers granted by the Criminal Justice and Licensing (Scotland) Act 2010. All sentencing guidelines are submitted to the High Court of Justiciary for approval, and the High Court may approve, amend, or reject the guidelines produced by the Council. History Macfadyen Report The establishment of the Scottish Sentencing Council was a response to the report ''T ...
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Non-departmental Public Body
In the United Kingdom, non-departmental public body (NDPB) is a classification applied by the Cabinet Office, Treasury, the Scottish Government, and the Northern Ireland Executive to public sector organisations that have a role in the process of national government but are not part of a government department. NDPBs carry out their work largely independently from ministers and are accountable to the public through Parliament; however, ministers are responsible for the independence, effectiveness, and efficiency of non-departmental public bodies in their portfolio. The term includes the four types of NDPB (executive, advisory, tribunal, and independent monitoring boards) but excludes public corporations and public broadcasters ( BBC, Channel 4, and S4C). Types of body The UK Government classifies bodies into four main types. The Scottish Government also has a fifth category: NHS bodies. Advisory NDPBs These bodies consist of boards which advise ministers on particular policy a ...
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Sentencing Guidelines (Pre-sentence Reports) Bill
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover. By contrast, mandatory sentencing involves the imposition of legal parameters for criminal sentences, typically mandatory minimum terms of imprisonment. Worldwide United States In the United States federal courts, the Federal Sentencing Guidelines have long been applied to criminal sentencings. State courts use their own sentencing guidelines. The Federal Sentencing Guidelines are non-binding independent agency recommendations that inform sentencing in law. Courts consider these advisory forms, which contain maximum and minimum sentences, before deciding a defendant's sentence. "The Sentencing Guidelines enumerate aggravating and mitigating circumstances, as ...
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Criminal Defence
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a court of law Mental disorder (insanity) Insanity or '' mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common defini ...
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Criminal Prosecution
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law o ...
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Policing
The police are a constituted body of people empowered by a state with the aim of enforcing the law and protecting the public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers encompass arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of ac ...
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Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word '' magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as '' municipium'', were subordinate only to the legislature of which they generally ...
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District Judge (magistrates Courts)
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in the County Court and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary. By statute, judges are guaranteed continuing judicial independence. There have been multiple calls from both Welsh academics and politicians, however, for a distinct Welsh criminal justice system. The following is a list of the various types of judges who sit in the courts of England and Wales: Lord Chief Justice and Lord Chancellor Since 3 April 200 ...
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Circuit Judge (UK)
Circuit judges are judges in England and Wales who sit in the Crown Court, the Family Court, the County Court and some specialized sub-divisions of the High Court of Justice, such as the Technology and Construction Court. There are currently over 600 circuit judges throughout England and Wales. The office of circuit judge was created by the Courts Act 1971 and replaced the former offices of chairman of quarter sessions and borough recorder. All County Court Judges were also redesignated as circuit judges. Circuit judges are styled His or Her Honour Judge X and are referred to as His or Her Honour. They are sometimes referred to as "purple judges" on account of their purple colour dress robes. Recorders effectively function as part-time circuit judges and are also addressed as "Your Honour". Circuit judges rank below High Court judges but above district judges. They may be appointed to sit as deputy High Court judges, and some of the more senior circuit judges are eligibl ...
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Home Secretary
The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, making the home secretary one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council (United Kingdom), National Security Council. The position, which may be known as interior minister in other nations, was created in 1782, though its responsibilities have Home Office#History, changed many times. Past office holders have included the prime ministers Lord North, Robert Peel, the Duke of Wellington, Lord Palmerston, Winston Churchill, James Callaghan and Theresa May. The longest-serving home secretary is Henry Addington, 1st Viscount Sidmouth, who held the post continuously for 9 years, 221 days. The shortest-serving home secretary is Grant Shapps, w ...
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Lord Chief Justice Of England And Wales
The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English and Welsh courts, surpassed by the lord chancellor, who normally sat in the highest court. The Constitutional Reform Act 2005 changed the roles of judges, creating the position of President of the Supreme Court of the United Kingdom and altering the duties of the lord chief justice and the lord chancellor. The lord chief justice ordinarily serves as president of the Criminal Division of the Court of Appeal (England and Wales), Court of Appeal and head of criminal justice, meaning its technical processes within the legal domain, but under the 2005 Act can appoint another judge to these positions. The lord chancellor became a purely executive office, with no judicial role. The equivalent in Scotland is the Lord President of the Court of Session ...
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Courts Of England And Wales
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. Except in constitutional matters, committed to the Supreme Court of the United Kingdom, the United Kingdom does not generally have a single unified legal system—England and Wales have one system, Scotland another, and Northern Ireland a third. There are additional exceptions to this rule; for example, in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law, there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County ...
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