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The sentencing guidelines issued by the Sentencing Council are at the heart of the courts' decision-making in sentencing. The development of these guidelines has been incremental, with the Magistrates' Association issuing their own guidelines and the Court of Appeal issuing guideline judgments in particular cases. Following the Crime and ...
(1) A person who by any deception dishonestly obtains for himself or another any pecuniary advantage shall on conviction on indictment be liable to imprisonment for a term not exceeding five years. (2) The cases in which a pecuniary advantage within the meaning of this section is to be regarded as obtained for a person are cases where:- (a) . . .
The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place." [14] False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts the claimant's freedom of movement totally. [15]
The Powers of Criminal Courts (Sentencing) Act 2000, section 127. A general power of Crown Court to impose a sentence of imprisonment on conviction on indictment is created by section 77 of the Powers of Criminal Courts (Sentencing) Act 2000 It was formerly created by each of the following provisions in turn: The Criminal Law Act 1967, section 7(1)
The Act sets out in statute the principles underlying sentencing: punishment, crime reduction, reform and rehabilitation, public protection and reparation. These were previously part of the common law. The Act also created the Sentencing Guidelines Council to give authoritative guidance. [44]
The Court of Appeal considered sentencing policy for deception offences involving "identity theft" – an increasingly common phenomenon. The defendant had a drug problem and it was argued that a drug treatment and testing order might be the more appropriate response, but the court concluded that a prison sentence was required.
Karen Matthews and Michael Donovan – found guilty of kidnapping, false imprisonment, and perverting the course of justice [22] Australia. Marcus Einfeld, an Australian retired Federal Court and NSW, WA and ACT Supreme Court judge – perjury and perverting the course of justice, for lying relative to a speeding ticket [23]
Forcible abduction of any woman with intent to marry or carnally know her. This would be charged as the common law offences of kidnapping and false imprisonment, or rape, and/or human trafficking under the Sexual Offences Act 2003. In England and Wales, section 53 was repealed and replaced by sections 17 and 18 of the Sexual Offences Act 1956.