Breach of Court Orders - New Sentencing Guidelines

An overview of the new senecting guidelines relating to breach of court orders, implemented on 1st October 2018

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Course Overview

Issued on 1st October 2018, the Sentencing Council’s new sentencing guidelines represent the first time that the courts have received “clear guidance on what action should be taken against those offenders who ignore court orders” with a view to ensuring that such offenders are “dealt with robustly and consistently”.
The new guidelines apply to offenders who have not complied with a wide range of orders such as suspended sentence orders, community orders, restraining orders and sexual harm prevention orders, and are a direct response to an upward trend which is making committal for sentence a more common outcome. The presumption of activation for suspended sentences is also strengthened.
It is imperative that criminal practitioners are familiar with these guidelines; not only do they closely reflect legislation, they ensure that if an offender breaches a court order, an appropriate penalty, determined in according to the seriousness of the breach, can be imposed.
Delivered by solicitor-advocate and part time district Judge Olwen Davies, this bite-size webinar is ideal for charging lawyers, prosecutors who deal with allocation and sentence, defence advocates and those who advise on sentence in other roles.
During this session Olwen will examine what the appropriate court response to breaches as outlined within the new guidelines and how the court are encouraged to assess the seriousness of any breach by considering the extent to which the offender kept to the terms of their order and how deliberate any breach of the order has been.
For those wishing to consolidate their knowledge regarding the new sentencing guidelines for breach of court order offences, an optional problem-scenario is included and should be attempted once the webinar has been viewed in full.

What are the requirements?

  • Watch the recorded webinar and review the slides and optional problem scenario to test your legal knowledge.

Learning Outcomes

  • On completion of this course you will be familiar with the new sentencing guidelines in respect of breach of court order offences ranging from breaches of orders charged as a criminal offence e.g. restraining orders to breaches of sentence e.g. suspended sentence orders.

What is the target audience?

  • Criminal practitioners

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About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.

Course Curriculum

Recorded Webinars

  • Webinar
    00:24:55

Supporting Documentation

  • Slides
    26 Page
  • Problem-Scenario
    2 Page

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