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29 May 2008
Issue: 7323 / Categories: Case law , Procedure & practice , Law digest
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SENTENCING

Attorney General’s References (Nos 115 and 116 of 2007); R v M and another [2008] EWCA Crim 795, [2008] All ER (D) 47 (May)

The requirement (under s 174(2)(a) of the Criminal Justice Act 2003) that, where guidelines indicate that a sentence of a particular kind or within a particular range would normally be appropriate but the actual sentence is of a different kind or is outside that range, the court should state the reasons for deciding on a sentence of a different kind or outside that range, is not a mere formality.

 

The public, the victim, and the defendant are entitled to know why there has been a departure. If the judge is going to pass a non-custodial sentence, where it is obvious that the guidelines require a custodial sentence, and the judge knows that the victim might not understand it, it is essential that the reasons for the departure are explained, so the public can understand why the court is departing from the norm.

 

Moreover, the thought process of producing reasons can point to a potential error in adopting the course of action contemplated.

 

Issue: 7323 / Categories: Case law , Procedure & practice , Law digest
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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