An ICO sentence must be assessed for manifest excess by considering both its length and its mode of service, not the length in isolation. The current structure of s 68 CSPA creates an anomaly whereby offenders may be disadvantaged by having offences placed on a Form 1 rather than dealt with substantively, because an aggregate sentence of up to 3 years is eligible for an ICO but a single sentence exceeding 2 years with a Form 1 offence is not. The propriety of withdrawing a Form 1 request after the closure of evidence in sentencing proceedings is doubtful.
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