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Appellant sentence

I'm not sure how to explain this, I'm looking for information on appellants and how much of their sentence they have served whilst on appeal and whether or not the time served during the appeal counts towards their sentence or whether or not they have to begin their sentence fresh; once the appeal has been unsucessful. I don't mean to be lazy and just ask someone to give me the information but I've looked in both my English legal systems books (Quinn & Martin) and I can't find anything relevant and nothing of any significance on search engines.

Reply 1

Lauren18

As far as I am aware any time spent on remand in custody is then deducted from any subsequent sentence given as a result of the offence(s) for which the appellant/defendant was in custody.

I know this is this case where a defendant is awaiting trial and has spent a period of time in custody, due to being refused bail, prior to the litigation. For example, Maxine Carr was sentenced to three years imprisonment in the Holly & Jessica case, I believe, yet served far less than this for two reasons:

1. A sentence is normally reduced automatically for good behaviour etc
2. She had spent many months (possibly over one year?) in custody between being charged with the offences and receiving a sentence for them, and this was then deducted from her sentence.

I hope that helps you, an actual university Law student could probably tell you a lot more - including the names of relevant statutes.

The Powers of Criminal Courts (Sentencing) Act 2000 may be useful to you:

http://www.legislation.hmso.gov.uk/acts/acts2000/20000006.htm

As may:

http://www.lawteacher.net/OCR/AS.htm

Reply 2

britishseapower

thanks for your help, I appreciate it