The Sentencing hearings
Posted: Tue Jul 10, 2018 12:41 am
I have received a number of messages asking about the Sentencing hearings so I thought it might help if I set out the position for everyone.
1. The guilty verdicts
These can either be by confession (guilty Plea) or conviction by the jury. The difference is that a guilty Plea will result in a reduction in sentence of up to 33% while there is no reduction in sentence where the Defendant goes to trial and is convicted
2. The defendant's status pending sentence
Where a Defendant is facing an extremely long sentence, most judges take the view that he may as well start serving it straight away, particularly if convicted by the jury. It removes the temptation to try to evade justice by disappearing.
Karim, Husband and Dobbie have all been remanded in custody and are likely to be held in Lewes prison which I believe is the local remand prison.
3. Probation reports
In many cases the Court will ask for a probation report. These are particularly important with sexual offences as the court has to consider whether the Defendant is a "dangerous offender" in accordance with Chapter 5 of the Criminal Justice Act 2003.
A non dangerous offender will be entitled to be released after serving had the sentence, whereas a dangerous offender cannot be released until he has served two thirds of the sentence and only then if the Parole Board says he is safe to be released - this was the position with the taxi rapist John Worboys.
The probation assessment will use diagnostic criteria to determine whether an offender is Dangerous. Dangerous means that the offender poses a serious risk of causing serious harm to the public (or a section of it) by committing further offences.
A dangerous offender will be sentence to an extended sentence under which: (i) release is not until the two thirds point at the earliest; and (ii) there is extended supervision by the probation service post release.
Burr received an extended sentence which means that even in his mid 70s he is assessed as a serious risk of committing offences against teenage boys.
I am surprised that Husband is being sentenced without a probation report, although the judge may have thought that as his offences were more than 20 years ago and involved a single victim, he does not pose a significant risk of reoffending.
A report has been ordered in the case of Dobbie and I would not be surprised if he gets an extended sentence, given that he had multiple victims and wax active over a substantial period of time.
So, by way of example, if Husband got a 16 year standard determinate sentence, he would be out after 8 years. But if Dobbie got an extended sentence of 12 years, he would not be entitled to apply to be released until after 8 years and could serve longer than Husband if the Parole Board was against him.
4. The procedure at the hearing
The Defendant is identified and the prosecution then outlines the facts of the offence and the defendant's antecedents.
Before the sentence hearing the police should have obtained Victim Impact Statements from all the victims. We have a flavour of what it will say in Husband's case.
The prosecution will also have the opportunity to make submissions as to where the offending falls on the Sentencing Guidelines (see below).
The defence will then have the opportunity to make any points in mitigation of the defendant's position and also argue the categorisation of the offences under the Sentencing Guidelines.
I would expect Husband's brief to produce character references about his good work at Pickering Town Council and the Rotary Club but in reality these will count for little, if anything.
5. The sentence
The judge is required to have regard to the Sentencing Guidelines relevant to the offence and most imprisonable offences now have guidelines.
The idea is to standardise sentence so that the same set of facts will be sentenced the same at one end of the country as they will at the other.
You can download the guidelines for sexual offences here and then locate the specific guideline for raoe:
https://www.sentencingcouncil.org.uk/pu ... l-offences
You will see that the judge is required to assess two factors: culpability and harm. Given the extreme effects upon the victim's health (which we have had the opportunity to read) and the very gross abuse of trust by a teacher in loco parentis, I think the judge should find this to be a category 1A offence.
A category 1A offence has a starting point of 15 years imprisonment with a range of 13-19 years.
So for the rape offence Husband is looking at 15 years which will then he adjusted upwards to take into account the indecent assault offences.
I would expect a total sentence for Husband of around 18 years imprisonment. Anything less and the Attorney General can be asked to refer it to the Court of Appeal so that consideration can be given to the question of whether it was unduly lenient.
6. Ancillary orders
As well as the prison sentence, the Court is likely to make Sexual Harm Prevention Orders which will severely restrict their ability to come into contact with children, breach of which will be punishable by imprisonment.
They will be told that their names will be forwarded to the Disclosure and Barring Service with a view to them being prevented from working with children.
Finally they will be reminded that they will be on the mythical Sex Offenders Register (the noncey boy register) for life. The registration requirement are seriously oppressive.
7. Serving the sentence
They are all likely to start their sentences in Lewes prison where they will stay while arrangements are made for their transfer. I have no idea where they will be transferred to, although I believe that somewhere there is a prison specifically for older sex offenders.
8. Release
Release will either be at the halfway point for a standard determinate sentence or not earlier than two thirds for an extended sentence. There is then post release licence until the end of their sentences which is the day upon which they would have been released if they had served the full prison sentence. Any breach of licence leaves them at risk of immediate recall to prison for the remainder of the licence period.
I hope this helps. I will have a look at the likely sentences for Karim and Dobbie nearer the time.
Any queries, don't hesitate to PM me.
1. The guilty verdicts
These can either be by confession (guilty Plea) or conviction by the jury. The difference is that a guilty Plea will result in a reduction in sentence of up to 33% while there is no reduction in sentence where the Defendant goes to trial and is convicted
2. The defendant's status pending sentence
Where a Defendant is facing an extremely long sentence, most judges take the view that he may as well start serving it straight away, particularly if convicted by the jury. It removes the temptation to try to evade justice by disappearing.
Karim, Husband and Dobbie have all been remanded in custody and are likely to be held in Lewes prison which I believe is the local remand prison.
3. Probation reports
In many cases the Court will ask for a probation report. These are particularly important with sexual offences as the court has to consider whether the Defendant is a "dangerous offender" in accordance with Chapter 5 of the Criminal Justice Act 2003.
A non dangerous offender will be entitled to be released after serving had the sentence, whereas a dangerous offender cannot be released until he has served two thirds of the sentence and only then if the Parole Board says he is safe to be released - this was the position with the taxi rapist John Worboys.
The probation assessment will use diagnostic criteria to determine whether an offender is Dangerous. Dangerous means that the offender poses a serious risk of causing serious harm to the public (or a section of it) by committing further offences.
A dangerous offender will be sentence to an extended sentence under which: (i) release is not until the two thirds point at the earliest; and (ii) there is extended supervision by the probation service post release.
Burr received an extended sentence which means that even in his mid 70s he is assessed as a serious risk of committing offences against teenage boys.
I am surprised that Husband is being sentenced without a probation report, although the judge may have thought that as his offences were more than 20 years ago and involved a single victim, he does not pose a significant risk of reoffending.
A report has been ordered in the case of Dobbie and I would not be surprised if he gets an extended sentence, given that he had multiple victims and wax active over a substantial period of time.
So, by way of example, if Husband got a 16 year standard determinate sentence, he would be out after 8 years. But if Dobbie got an extended sentence of 12 years, he would not be entitled to apply to be released until after 8 years and could serve longer than Husband if the Parole Board was against him.
4. The procedure at the hearing
The Defendant is identified and the prosecution then outlines the facts of the offence and the defendant's antecedents.
Before the sentence hearing the police should have obtained Victim Impact Statements from all the victims. We have a flavour of what it will say in Husband's case.
The prosecution will also have the opportunity to make submissions as to where the offending falls on the Sentencing Guidelines (see below).
The defence will then have the opportunity to make any points in mitigation of the defendant's position and also argue the categorisation of the offences under the Sentencing Guidelines.
I would expect Husband's brief to produce character references about his good work at Pickering Town Council and the Rotary Club but in reality these will count for little, if anything.
5. The sentence
The judge is required to have regard to the Sentencing Guidelines relevant to the offence and most imprisonable offences now have guidelines.
The idea is to standardise sentence so that the same set of facts will be sentenced the same at one end of the country as they will at the other.
You can download the guidelines for sexual offences here and then locate the specific guideline for raoe:
https://www.sentencingcouncil.org.uk/pu ... l-offences
You will see that the judge is required to assess two factors: culpability and harm. Given the extreme effects upon the victim's health (which we have had the opportunity to read) and the very gross abuse of trust by a teacher in loco parentis, I think the judge should find this to be a category 1A offence.
A category 1A offence has a starting point of 15 years imprisonment with a range of 13-19 years.
So for the rape offence Husband is looking at 15 years which will then he adjusted upwards to take into account the indecent assault offences.
I would expect a total sentence for Husband of around 18 years imprisonment. Anything less and the Attorney General can be asked to refer it to the Court of Appeal so that consideration can be given to the question of whether it was unduly lenient.
6. Ancillary orders
As well as the prison sentence, the Court is likely to make Sexual Harm Prevention Orders which will severely restrict their ability to come into contact with children, breach of which will be punishable by imprisonment.
They will be told that their names will be forwarded to the Disclosure and Barring Service with a view to them being prevented from working with children.
Finally they will be reminded that they will be on the mythical Sex Offenders Register (the noncey boy register) for life. The registration requirement are seriously oppressive.
7. Serving the sentence
They are all likely to start their sentences in Lewes prison where they will stay while arrangements are made for their transfer. I have no idea where they will be transferred to, although I believe that somewhere there is a prison specifically for older sex offenders.
8. Release
Release will either be at the halfway point for a standard determinate sentence or not earlier than two thirds for an extended sentence. There is then post release licence until the end of their sentences which is the day upon which they would have been released if they had served the full prison sentence. Any breach of licence leaves them at risk of immediate recall to prison for the remainder of the licence period.
I hope this helps. I will have a look at the likely sentences for Karim and Dobbie nearer the time.
Any queries, don't hesitate to PM me.
