header-logo header-logo

13 December 2007 / Paul Firth
Issue: 7301 / Categories: Features
printer mail-detail

The art of sentencing

Political point-scoring should play no part in the sentencing regime, argues Paul Firth

Two speeches delivered in recent months, one by Sir Igor Judge and the other by the lord chief justice, Lord Phillips, deserve to be widely read. Sir Igor, in his speech Current Sentencing Issues at Lincoln’s Inn, cheered all sentencers saying: “Sentencing a fellow human being is indeed an art, a human skill, a skill in humanity, not a science, and it is this skill, and its application, that is embodied in the possibly pompous-sounding phrase, ‘judicial discretion’.”

Both judges referred to the cost of various sentences, inevitably beginning with the cost of imprisonment. Sir Igor expressed what I fear might be the vain hope that “the potential cost of every piece of criminal justice legislation bearing on sentencing should be subject to the best estimate that can be made of cost”.

Lord Phillips was on firmer ground in his How Important is Punishment? speech to the Howard League for Penal Reform, encouraging a debate to “consider the extent to which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll