Series 2 Episode 2 - The Sentencing of Aidan Johnson

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Defence Barrister Podcast

Chris Kessling

27 episodes

13 hours ago

How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.

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Series 2 Episode 2 - The Sentencing of Aidan Johnson

Defence Barrister Podcast

37 minutes

1 year ago

Series 2 Episode 2 - The Sentencing of Aidan Johnson

Aidan Johnson is sentenced for the murder of Daniel Clarke.

DESCRIPTION

In episode 2 of Series 2 of the Defence Barrister Podcast, Aidan Johnson is sentenced for the murder of Daniel Clarke.

From discovering the ins and outs of life sentences for murder and other crimes in Episode 1 of this series, we now join the sentencing hearing for the one and only defendant to be convicted of the murder of Daniel Clarke.

What exactly is the role of the prosecutor at a sentencing hearing? Is it true, as many people think, that the prosecution suggests what the sentence should be?

And what is the role of the defence advocate? As we find out, the plea in mitigation is one of the most important, and sometimes the most powerful, advocacy that a defence advocate can undertake.

In addition, we look at what a pre-sentence report is, who prepares it, why, and when is it actually necessary? And how do victims of crime have their say in the sentencing process? Again, we have that covered in Episode 2.

And then, we find out what sentence Aidan Johnson receives for the crime he has been convicted of.

And next week, the trial and sentencing process now being all but finished, we join Aidan and his solicitor and barrister again, as we explore his options to appeal. Because for Aidan, the truth is that he has just been convicted and sentenced for a crime he did not commit.

I hope you enjoy this episode and I look forward to you joining me again for the next episode and the rest of Series 2.

As ever, thank you for listening.

NOTES

Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

Prosecution duties at sentence:

Cain [2006] EWCA Crim 3233 https://www.bailii.org/ew/cases/EWCA/Crim/2006/3233.html

Pre-Sentence Reports and Victim Impact Statements:

Criminal Practice Directions 2023 (Direction 9) https://www.judiciary.uk/wp-content/uploads/2023/04/Criminal-Practice-Directions-2023.pdf

PLEASE NOTE:

It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:

Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.

I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.

Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.

The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

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External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.