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United Kingdom
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Key definition
Client definition

What does Client mean? In legal practice, a client is the person or organisation for whom a lawyer or law firm acts and to whom professional duties are owed. This includes individuals, companies, partnerships and public bodies, whether instructing directly or through an agent. The term is a general professional expression rather than a statutory definition; its scope is shaped by engagement terms (the retainer) and by professional conduct rules and case law on duties of care, conflicts of interest, confidentiality and legal professional privilege. Key features include: identifying the correct client at the outset (especially for corporate clients, where the client is the entity,...

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Advising clients at risk of custody: sentencing thresholds, PSRs, suspended sentences, mitigation, hearing procedure and initial prison processes (England and Wales)

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

When clients face the prospect of imprisonment, they may feel overwhelmed or daunted. This Practice Note serves as a speaking aid for practitioners advising adult clients at risk of custody. It signposts relevant, detailed guidance and helps practitioners explain to their clients what will occur if a custodial Term is handed down. It should also be made clear that receiving a custodial sentence does not automatically mean immediate imprisonment. In particular, where a term of 12 months or less is imposed, the court is required to consider a statutory presumption in favour of suspending that sentence (subject to certain exceptions). For more information, see Practice Note: Sentences imposed following conviction—Suspended sentence order.

Fundamental principles

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

  • Sentences imposed following conviction
  • Pre-sentence reports
  • Calculating time spent on remand or on tagged bail
  • Victim personal statements in criminal proceedings
  • Sentencing criminal offences—sentencing guidelines and resources
  • Credit for guilty plea
  • Mitigation in the
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Emily Elliott
Emily Elliott

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...

Web page updated on 21/05/2026

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