Mandatory minimum sentences

Mandatory minimum sentences apply to certain types of offending, categorised either solely by its type or by a combination of that and the offender’s previous record. In most cases, the court can depart from the mandatory minimum if a certain test is met. Until recently, the most common test for this was whether imposing the mandatory minimum would be unjust. However, this is now being overtaken by consideration of whether the court identifies exceptional circumstances.

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