In general. Lack of remorse should never be treated as an aggravating factor. 24 0 obj <> endobj The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. ... A second or subsequent misdemeanor conviction of driving while impaired by drugs or ... “You are hereby advised that being under the influence of alcohol or drugs, or … the offender’s responsibility for the offence and. In all cases, the court should consider whether to make compensation and/or other ancillary orders including offering a drink/drive rehabilitation course, deprivation, and /or forfeiture or suspension of personal liquor licence. 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). Obtaining financial information: It is for the offender to disclose to the court such data relevant to their financial position as will enable it to assess what they can reasonably afford to pay. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. Forfeiture and destruction of weapons orders, 18. Racial or religious aggravation – statutory provisions, 2. for Infractions and Misdemeanors . Offences under s.1 and s.3A of the Road Traffic Act 1988 are specified offences for the purposes of the public protection provisions in the 2003 Act (as amended). No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. 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. Under Georgia law, you’re “under the influence” if impaired to the extent that it is “less safe” for you to drive. Unfit through drink or drugs (drive/ attempt to dr... must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and. Drink and drug driving reforms From 20 May 2019, tougher penalties apply for lower range drink driving offences , and for driving with the presence of an illicit drug . Disqualification in the offender’s absence, 9. Reoffending rates for first offenders are significantly lower than rates for repeat offenders. So prosecution is possible even if you refused the state-administered chemical test. New York refers to this offense as DWI (Driving While Intoxicated). Courtroom Counsel Copy ... (Driving Under the Influence) [Veh. Whichever terminology you use, the bottom line remains the same: driving while under the influence of drugs or alcohol is a serious offense which … 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. 1. The facts. Operating a motor vehicle while under the influence of alcohol or drugs. A terminal prognosis is not in itself a reason to reduce the sentence even further. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. If a custodial sentence is imposed it should be proportionate and kept to the necessary minimum. 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