What happens when a client receives a custodial sentence?

Copyright © 2025 LexisNexis
Produced in partnership with Emily Elliott of Kingsley Napley
Practice notes

What happens when a client receives a custodial sentence?

Copyright © 2025 LexisNexis

Produced in partnership with Emily Elliott of Kingsley Napley

Practice notes
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What do you say to a Client facing a custodial sentence?

When clients are facing time in prison, they can feel overwhelmed or daunted. This Practice Note is designed to be a speaking aid to assist practitioners advising adult clients at risk of a custodial sentence. It points the practitioner to relevant detailed guidance and enables a practitioner to discuss with their client what will happen if they receive a custodial Term.

Fundamental principles

Detailed guidance on the General Principles applicable to all sentencing exercises can be found in the following Practice Notes:

  1. •

    Sentences imposed following conviction

  2. •

    Pre-sentence reports

  3. •

    Calculating time spent on remand or on tagged bail

  4. •

    Victim personal statements in criminal proceedings

  5. •

    Sentencing criminal offences—sentencing guidelines and resources

  6. •

    Credit for guilty plea

  7. •

    Mitigation in the sentencing of criminal offences

What follows is a summary of the fundamental principles applicable to custodial sentences.

The Sentencing Code came into effect in England in Wales in 2020. This consolidates existing sentencing procedure

Emily Elliott
Emily Elliott

Solicitor, Kingsley Napley

Emily is an Associate in Kingsley Napley’s Criminal Litigation department, specialising in all areas of general crime, financial and business crime, and international crime.
 
She frequently advises clients under investigation by the police and other prosecuting authorities, from arrest and interviews under caution in the police station through to trial. Her experience includes defending clients accused of sexual offences, sexual misconduct in the workplace, possession or making of indecent images, assault, theft, and controlling and coercive behaviour.
 
Emily represents clients in relation to financial and business crime investigations. She has experience of investigations by a wide range of domestic and overseas agencies, including the Metropolitan Police Service, Serious Fraud Office (SFO), HM Revenue & Customs (HMRC), Financial Conduct Authority (FCA), National Trading Standards and the US Department of Justice (DOJ).
 
She has a particular interest and expertise in international crime and extradition. At Kingsley Napley, Emily has worked on one of the very few universal jurisdiction cases brought in England and Wales, successfully defending an overseas individual charged with torture. 

Emily frequently writes and has given talks on the topic of universal jurisdiction and more generally on international criminal issues. Emily has also advised clients on a number of investigations with cross border and international elements and acts for individuals facing extradition proceedings or the publication of INTERPOL red notices.
 
Emily is chair of the firm’s LGBTQ+ and Allies network. She was shortlisted for the Law.com's Women, Influence, and Power in Law Award: Rising Star in Diversity Change, May 2022.

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