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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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A judge sentences based upon guidelines in force at the time

Resolved Question:

A judge sentences based upon guidelines in force at the time of the offence. Is there a term which describes this please
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

A Judge sentences on the basis of the guidelines in force at the time of sentencing not on the guidelines in force at the time of the offence.

Customer:

Hello, do I misunderstand then. I have read/seen on tv where the judge has said the sentence is limited because of rules in force at the time?

LondonlawyerJ :

The date of offence is relevant to the offence committed rather than the sentencing guidelines. So, for example there are a whole lot of new sexual offences in force now compared to the 1970s. The same conduct is covered but the offences are different and the sentencing powers are different. So some of the DJs etc who have been in trouble recently have been convicted of offences and sentenced under the sentencing authorities for those old offences whch has led to more lenient sentences than if they had committed the offences more recently.

Customer:

That sounds right. Perhaps I should have been clearer. I do not have a problem with a sentence or a Judge.

Customer:

I have an issue with my County Council regarding school transport. The time frame starts sept 2013 and the transport policy is dated 1st april 2014 revised 1 sept 2014. I was hoping to insist they use the policy in force at the time the dispute started and to quote at them at legal term to describe that.

Customer:

For further info. I have just had a stage two appeal hearing which took place on Monday 8th at 10am. I was advised of the time by an email sent at 05.28 on the 8th. maybe a judicial review of the handling by the County Council would rule in my favour?

LondonlawyerJ :

I am not an expert on this area of law but I would think that the relevant policy for each part of the dispute is the policy in force at that particular time. But as I say I am not an expert on this and should probably opt out.

Customer:

ok thank you

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