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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll