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The Secret Barrister @BarristerSecret
, 5 tweets, 1 min read Read on Twitter
7) Here’s another important feature. The Defendant had already spent 6 months in custody on remand. That time would count towards any immediate custodial sentence. Because of automatic release at the halfway stage, it’s the equivalent of a 12-month sentence that he’s served.
8) This can be persuasive when a judge is being urged to give a Defendant a community-based sentence. Immediate custody could mean the Defendant doesn’t serve much more time, and isn’t given time for rehabilitation. A longer suspended sentence might allow for that.
9) That’s not to say this wasn’t a lenient sentence. Based on the report, the Defendant should consider himself extremely fortunate (not least given his previous conviction). But as with all these cases, there’s a context behind the headline. Look for it before rushing to outrage
10) There is obviously a strong argument that this kind of offence, even committed by a youth, needs immediate custody. I’m not pretending otherwise. But there will almost always be reasons why an apparently inexplicable court decision was made. They may be wrong, but read them.
11) I’ll end by again observing that in a case like this which has attracted huge media attention, the judges could really help themselves, and the public, by publishing their sentencing remarks in full online. Just saying. Again.
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