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Concurrent and consecutive sentences
I'm beginning to wonder if any of our magistrates and judges know the difference between consecutive and concurrent sentences. I've just read that somebody has been sentenced for 2 years for two offences, the sentences to run concurrently, so effectively the culprit only serves two years, with time off for good behaviour. I rarely read these days of any consecutive sentences. Criminals must be laughing all the way to prison! Are there any specific rules as to when sentences should be consecutive or concurrent?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Yes there are rules. The overriding rule is that the sentencer should have regard to the totality principle.
Normally all counts will receive a sentence. Broadly speaking, offences arising out of the same incident will be sentenced concurrently. However, that is not set in stone and for example, possession of a gun whilst committing another offence (eg criminal damage or drug dealing) will often result in a consecutive sentence. Offence whilst on bail, resisting arrest, or violence to escape from another offence will attract consecutive sentences.
The sentencer should announce whether the penalties are conc or cons - if not it is presumed they are concurrent.
Normally all counts will receive a sentence. Broadly speaking, offences arising out of the same incident will be sentenced concurrently. However, that is not set in stone and for example, possession of a gun whilst committing another offence (eg criminal damage or drug dealing) will often result in a consecutive sentence. Offence whilst on bail, resisting arrest, or violence to escape from another offence will attract consecutive sentences.
The sentencer should announce whether the penalties are conc or cons - if not it is presumed they are concurrent.