failing to provide a specimen sentencing guidelines

Suggested starting points for physical and mental injuries, 1. The prospect of death in the near future will be a matter considered by the prison authorities and the Secretary of State under the early release on compassionate grounds procedure (ERCG). The decision as to the appropriate range of community order should be based upon the seriousness of the new offence(s) (which will take into account any previous convictions). Providing a specimen at a later time would fail to achieve this accurately. Get in touch with us today for expert legal advice and assistance by calling 0333 577 0522. (b) state in open court that the offence is so aggravated. Remember this is not drink driving, even if you weren’t driving or weren’t over the limit the court will have to disqualify you , although you may be able to argue special reasons.. The court should consider the time gap since the previous conviction and the reason for it. The court can take account of physical disability or a serious medical condition by way of mitigation as a reason for reducing the length of the sentence, either on the ground of the greater impact which imprisonment will have on the offender, or as a matter of generally expressed mercy in the individual circumstances of the case. Where an offender has turned 18 between the commission of the offence and conviction the court should take as its starting point the sentence likely to have been imposed on the date at which the offence was committed, but applying the purposes of sentencing adult offenders. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). Allegations of failing to provide a specimen are often complex as there is no predefined criteria as to what can amount to a “reasonable excuse” for that failure. It is not intended for anyone who genuinely cannot provide a breath, blood or urine specimen to be prosecuted for failing to do so. If there is a delay in sentencing after conviction, consider interim disqualification. We fight to win impaired driving charges, over 80 charges, care and control or multiple DUI offenses. On the basis of this I was charged with the offence of failing to provide a specimen. Normally it relates to failing to provide a breath test. The court must ensure that the restriction on the offender’s liberty is commensurate with the seriousness of the offence and that the requirements imposed are the most suitable for the offender. Fail to provide specimen for analysis (drive/attem... must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and. The main purpose of this particular requirement is to obtain an accurate measurement of the amount of alcohol in a person’s system. The police realise that drugs cannot be measured accurately in breath or by taking urine, and will often place pressure on suspects to give blood samples. Where any such risk of harm is the subject of separate charges, this should be taken into account when assessing totality. It is important to seek expert legal help if you are accused of failing to provide a specimen of breath. Where the current offence is significantly less serious than the previous conviction (suggesting a decline in the gravity of offending), the previous conviction may carry less weight. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. In general the more serious the previous offending the longer it will retain relevance. By clicking on the links below you will be directed to the appropriate guideline. Offence committed for ‘commercial’ purposes, 11. Home > Knowledge Centre > Failing to provide a specimen of breath: Sentencing guidelines. A court wishing to impose onerous or intensive requirements should reconsider whether a community sentence might be more appropriate. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. Criminal justice – where does the Council fit? In support of defending a charge of failing to provide a specimen of breath the court will want to see any associated GP notes along with any expert witness who will no doubt be instructed in such a case. Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below. the offender’s responsibility for the offence and. Custody should not be imposed where a community order could provide sufficient restriction on an offender’s liberty (by way of punishment) while addressing the rehabilitation of the offender to prevent future crime. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. The case was in a way specific unusual sensitive and difficult. Section 6 RTA 1988 provides a power for a constable to administer preliminary tests. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offender’s ability to make use of support from the local authority. To go to prison, the court must be satisfied that there is evidence of serious impairment and a deliberate refusal to provide a specimen. The maximum possible sentence for failing to provide a specimen of breath is six months’ imprisonment and an unlimited fine. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. Offences for which penalty notices are available, 5. Previous convictions are likely to be ‘relevant’ when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must -, (a) treat the fact that it was committed in those circumstances as an aggravating factor and. A terminal prognosis is not in itself a reason to reduce the sentence even further. Approach to the assessment of fines - introduction, 6. 6 months in prison 3. Step 1 – Determining the offence category, Failure to comply with current court orders, Offence committed on licence or post sentence supervision, High level of traffic or pedestrians in the vicinity, Serious medical condition requiring urgent, intensive or long-term treatment, Age and/or lack of maturity where it affects the responsibility of the offender, Sole or primary carer for dependent relatives. This is a serious offence and the court have to disqualify you for a minimum of 12 months if you are found guilty. A prison sentence of up to 26 weeks or a community order can also be imposed upon conviction of failing to provide a specimen while driving or attempting to drive. Home > Testimonials > Failing To Provide a Specimen > Mr S F Failing to Provide a Specimen Testimonial Acquitted “I cannot find the words to truly express my gratitude to this Law Firm, if you have any doubt remove it from your mind and instruct this company as soon as possible. When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done. Speeding offences Toggle accordion. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category. Introduction to out of court disposals, 5. Failing to Provide a Specimen: Sentencing Guidelines The Magistrates Court sentencing guidelines can now be found online. The court have no discretion as to whether to disqualify you if you are guilty of failing to provide a specimen. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category. Can amount to a defence today for expert legal advice and assistance by calling 577... Blameworthy than offenders who have committed the same day to avoid adjourning the case may be an appropriate to! Previous convictions of a guideline is guaranteed to be up to date and argument so. Guaranteed to be up to date which penalty notices are available, 5 requirements for the offender ’ s convictions! 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