||All England Reporter
|| All ER (D) 322 (Feb)
|| EWCA Crim 2368
||Court of Appeal, Criminal Division
Cresswell J and Judge Chapman sitting as a Judge of the Court of Appeal, Criminal Division
||Nicholas Tatlow (assigned by the Registrar of Criminal Appeals) for the defendant.
||2 October 2006
Sentence - Detention and training order - Assault occasioning actual bodily harm - Account to be taken of time spent on remand - Judge deducting time spent on remand when setting determinate sentence - Whether sentence unfair having regard to effect of time spent on remand on release date for adults - (Sentencing) Act 2000, s 101(8) - , ss 240(3), 244.
In looking at the time spent on remand when considering a detention and training order, it was necessary for the sentencing court to double the time spent on remand before deciding on the appropriate period of detention. The court should not always settle on the next lowest prescribed period for a detention and training order, but, generally, should adopt the nearest prescribed period.
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