4 edition of Blackstone"s guide to the Anti-Social Behaviour Act 2003 found in the catalog.
Blackstone"s guide to the Anti-Social Behaviour Act 2003
|Other titles||Guide to the Anti-Social Behaviour Act 2003, Anti-Social Behaviour Act 2003|
|Statement||Jonathan Manning, Claire-Louise Manning, Victoria Osler.|
|Contributions||Manning, Claire-Louise., Osler, Victoria.|
|LC Classifications||KD8035.A31203 M36 2004|
|The Physical Object|
|Pagination||xxxiii, 400 p. ;|
|Number of Pages||400|
|LC Control Number||2004014380|
Tom Frost, Lecturer in Legal Theory, University of Sussex This work is an intelligent selection of the legislation and other normative materials needed at both undergraduate and postgraduate level. The approach to the imposition of a custodial sentence should be as follows: 1 Has the custody threshold been passed? When this is proven, the law states that it is then conclusively presumed that the defendant did not believe that the complainant consented to the relevant act, and that the complainant did not consent to the relevant act. A terminal prognosis is not in itself a reason to reduce the sentence even further.
The court must give reasons if it decides not to award compensation in such cases. Section 6 3 Criminal Law Act allows for alternative verdicts in trials on indictment where the allegation in a count amounts to or includes expressly or by implication an allegation of another offence falling within the jurisdiction of the court of trial. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. Read Online 5. Offence committed for financial gain Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Where an offence which is not one which by its nature is an acquisitive offence has been committed wholly or in part for financial gain or the avoidance of cost, this will increase the seriousness.
If the defence do not accept this, then separate offences relating to the racial aggravation and to the religious aggravation may be required in the public interest. Additional Resources Description Market-leading and first choice for students and lecturers, Blackstone's Statutes have an unrivalled tradition of trust and quality. The court must give reasons if it decides not to award compensation in such cases. See also the Imposition of community and custodial sentences guideline. Ideal for exam use.
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Examples of cases where the offence being investigated attracts a maximum custodial sentence of six months or more could include more serious criminal damage, dangerous waste dumping and serious or serial benefit fraud.
Instead, it has to be included as an alternative count on the indictment under the provisions of section R v Heath  EWCA Crim For employees this may provide an easier route to compensation than claims based on discrimination legislation or personal injury claims for stress at work, as the elements of harassment are likely to be easier to prove, the statutory defence is not available to the employer, and it may be easier to establish a claim for compensation.
People who travel abroad Blackstones guide to the Anti-Social Behaviour Act 2003 book the intent to commit sexual offences can have their passports revoked or travel restricted. Dual criminality[ edit ] Section 72 provides differing levels of dual Blackstones guide to the Anti-Social Behaviour Act 2003 book for specified offences according to the UK citizenship status of an offender.
Culpability will be increased if the offender targeted a victim because of an actual or perceived vulnerability. In addition, first offenders are normally regarded as less blameworthy than offenders who have committed the same crime several times already. The extent to which any vulnerability may impact on the sentence is a matter for the court to weigh up in each case.
If SCCTD considers that it is clearly a case where incitement to racial hatred does not apply, the case should be returned to the Area within seven days of that decision being made. A covert human intelligence source CHIS includes undercover officers, public informants and people who make test purchases.
Either or both of these considerations may justify a reduction in the sentence. Section 3 creates a statutory tort based on the same acts as the criminal offence. Note that under the Assault Guideline, the s statutory aggravating factor should be taken into consideration at step 1 determining the offence category.
Culpability will be increased if the victim is made vulnerable by the actions of the offender such as a victim who has been intimidated or isolated by the offender. Sole or primary carer for dependent relatives Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered.
The extent to which the offender has complied with the conditions of an order including the time that has elapsed since its commencement will be a relevant consideration.
Scotland[ edit ] In Scotland the Act works differently. Step 5 — Totality principle If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Totality guideline.
The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences.
The court should then consider any adjustment for any aggravating or mitigating factors. The court must impose a sentence that properly meets the aims of sentencing even if it will carry the clear prospect that the offender will die in custody.
It must always be made clear to the court, the defence and the victim why this has been done. It is important to bear this in mind at a number of key stages of the case, especially review and charge selection, and when considering any pleas offered by the defendant.
Failure to comply with current court orders Effective from: 01 October Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence Commission of an offence while subject to a relevant court order makes the offence more serious.
However, if such an offence involves evidence of both racial and religious hostility, both elements should be drawn to the court's attention as an aggravating factor at sentencing, applying the provisions of section Criminal Justice Act The inclusion of the alternative count clarifies the position at the outset and avoids reliance on the trial judge or prosecuting counsel in bringing the possibility of an alternative verdict to the jury's attention.
The sentence must be just and proportionate and must not exceed the statutory maximum for the conviction offence.
The court should then consider Blackstones guide to the Anti-Social Behaviour Act 2003 book adjustment for any aggravating or mitigating factors. Although the person has disclosed these details in a public place, there is nevertheless a reasonable expectation that the details are not being recorded separately for another purpose.
Part II of the Act also consolidated the provisions of the Sex Offenders Act on registration of sex offenders and protective orders. Where the previous offence is particularly old it will normally have little relevance for the current sentencing exercise.
My counter-argument is that the criminal law is too dangerous a tool to be used for symbolic purposes. For issues of prevalence see the separate guidance. Possession, publication or distribution of inflammatory material is also an offence.
An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody.Buy Blackstone's Guide to the Anti-Social Behaviour Actby Jonathan Manning, Claire-Louise Manning, Victoria Osler, ISBNpublished by Oxford University Press from galisend.com, the World's Legal Bookshop.
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The Anti-Social Behaviour Act comes into force in stages from February and is a major initiative in social policy and criminal justice for the Government.