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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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