22. Specific Types of Sentence and the Plea in Mitigation

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

“Victims’ participation rights in the post-sentencing phase: The Netherlands in comparative perspective”

Victims’ rights have proliferated rapidly over the past decades. However, the development of rights in the post-sentencing phase has lagged behind. In this article, we argue that victims’ rights may contribute to the acknowledgement of victims, something that victimological research suggests is important for victims’ well-being at every stage of criminal proceedings. We review a new Dutch law and a legislative proposal aiming to improve victims’ rights in the post-sentencing phase in relation to conditional release from prison and conditional discharge from forensic psychiatric hospital. More specifically, we compare these (proposed) victims’ participatory rights with those existing in the Canadian, Belgian and German framework. We argue for a strengthened position of the victim in the post-sentencing phase. We close by showing that the practical effectiveness of these proposed rights is put at risk by COVID-19 and states’ response to the same.

22. Specific Types of Sentence and the Plea in Mitigation

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

“Swimming against the tide”: conditional discharge from medium secure care

Purpose The purpose of this paper is to explore the experiences of mentally disordered offenders (MDOs) conditionally discharged from secure hospitals on a restrictive Section of the Mental Health Act (Section 37/41). Design/methodology/approach Data were derived from seven semi-structured interviews from three forensic community teams. Findings Thematic analysis identified seven predominant themes: (1) the uncertainty of the discharge timeframe; (2) fear of jeopardising discharge; (3) progress; (4) engagement with community life; (5) barriers to social engagement; (6) evolving identity and (7) someone to turn to. Findings are discussed in relation to the recovery model and the good lives model. Practical implications The findings highlight the importance of fostering trust between MDOs and their care teams to encourage help-seeking. They also suggest that resources should be sequenced appropriately throughout the discharge process, to match the “window of engagement” and maximize impact and effectiveness. Originality/value This research gained rarely obtained first-hand perspectives from MDOs, with the findings contributing to a more effective evaluation of the discharge pathway.

Performance Analysis of Dual Edge Triggered Memory Cells using Multiple C-Elements

This research paper presents a low conditional discharge(C-element) Flip-Flops that are basic elements in all digital design. The existing circuits are power hunger due to the dynamic and static power dissipation increases. For reducing power consumption C element technique is used to reduce glitches at the data out. Results obtained through 130nm technology shows reduction in energy dissipation and delay. Average dynamic power dissipation of the proposed flip-flop is compare with two existing techniques. Average power of proposed flip-flop is reduced by 28.41% and 36.18% when compared with Latch-Mux flip-flop and Latch-Mux using Celement.

Low Power and High Performance MTCMOS Conditional Discharge Flip Flop

Utilization in high-performance integrated circuits has been one of the most severe limitations in models in recent years.. Conditional discharge flip flop (CDFF) related to one of the earliest pulses caused flipflop reduces internal switching activities as that of existing explicit pulse triggered Data close to output flipflop (Ep-DCO). Registers are the main parts for processing information eg: in counters, accumulators etc.,. Implementation of these registers using CDFF can achieve low power consumption and high performance. MTCMOS (multi threshold CMOS) technique saves the leakage power during standby mode operations and hence, enhances the circuit performance for long battery life applications. We find that, using both MTCMOS and conditional discharge technique in flip flop, improves the performance and also consumes low power. In this paper, we simulate CDFF and the proposed MTCMOS CDFF to prove that MTCMOS CDFF is the best among the fastest pulse triggered flipflops. We also implement an application 4 bit shift register using proposed MTCMOS conditional discharge flip flop

22. Specific Types of Sentence and the Plea in Mitigation

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.

Compulsory Treatment in the Community in Hong Kong

This article examines the current legal framework and practice of the conditional discharge of mental health patients in Hong Kong under Section 42B of the Mental Health Ordinance from a human rights perspective. Using existing literature and findings from semi-structured qualitative interviews conducted with medical professionals, the author argues that the current regime lacks adequate safeguards for mental health patients, both in law and in actual practice, and suffers from the absence of a clear guiding purpose. As such, the law and practice of conditional discharge would most likely infringe patients’ fundamental rights to private and family life and to liberty and personal security. The article concludes with the suggestion that an evidence-based approach is required to determine the purpose of the regime and how it may be best designed for that end.

Making sense of being recalled: a grounded theory

Purpose A high proportion of forensic mental health service users (FSUs) are recalled to secure hospitals from conditional discharge in the community. The limited research on recall to date has preliminarily identified why FSUs are recalled, but not how they make sense of the process. The purpose of this paper is to develop a conceptual understanding of how FSUs make sense of being recalled to hospital. Design/methodology/approach A constructivist grounded theory approach was used. Semi-structured interviews were carried out with 11 FSUs from different levels of forensic service security who had been recalled varying numbers of times across a wide timeframe. Findings A theoretical model was constructed to illustrate the process of how FSUs make sense of being recalled. FSUs appraise being recalled on a continuum from negative to positive, based on their experiences when conditionally discharged and their reflections on the circumstances of being recalled. The nature of their appraisal appears to reciprocally influence their subsequent attitudes towards and their engagement with forensic services. Research limitations/implications The proposed mechanism of how FSUs make sense of being recalled, particularly their dynamic appraisal of it, should now be investigated longitudinally. Future qualitative research could explore forensic service staff perspectives on recall. Practical implications Enhancing the positivity of FSUs’ appraisals about being recalled may improve their attitudes about and engagement with forensic services. Originality/value This is the first research study to construct a theoretical model of recall.

22. Specific Types of Sentence and the Plea in Mitigation

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.