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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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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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