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13 December 2007 / Paul Firth
Issue: 7301 / Categories: Features
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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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