Sentencing in the High and District Courts : 2014 Practice Note
The Chief Judges of the High and District Courts have issued a new sentencing practice note to replace the 2003 note issued by the Chief Justice and then Chief District Court Judge which has been revoked.
The practice note applies to
- All High Court sentencings
- All Category 3 sentencings in the District Court where the Crown is involved
- Other Category 3 sentencings in the District Court where (although the Crown is not involved) a judge requests that the prosecution make submissions at sentencing
- Category 2 sentencings where a judge requests that the prosecution make submissions at sentencing.
The time frames for submission of memoranda have changed. The prosecution must now file and serve its memorandum at least 5 clear working days prior to sentencing. Defence memoranda must be served 3 clear working days prior to sentencing. Both the prosecution and defence are expected to provide a view on aggravating and mitigating factors
The note refers to new sentences such as electronically monitored sentences and restorative justice processes and sets a time frame for s 24(2) of the Sentencing Act 2002 indications when agreement over facts cannot be gained.
