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03 January 2008 / Peter Hungerford-welch
Issue: 7302 / Categories: Case law , Law digest , In Court
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Criminal Litigation

R (Harrington) v Bromley Magistrates Court [2007] EWHC 2896 (Admin), [2007] All ER (D) 199 (Nov)

 The magistrates indicated that the defendant would not be committed to the crown court for sentence provided that the pre-sentence report did not disclose that he was a danger to the pub­lic.

 

Although the report stated that he was not, he was nonetheless subsequently committed for sentence. He argued that his committal was un­lawful, being contrary to a legitimate expectation engendered by the indication that had been given by the justices.

 

HELD When the challenge is not to the origi­nal decision, but to the decision to commit despite the indication given by the magistrates, the court is reviewing the reasonableness of the decision to commit for sentence, not the view taken by the original bench. However, it is im­possible to conceive of circumstances in which a properly given indication could be gone back on by a subsequent decision without that deci­sion itself being held to be irrational or unlaw­ful.

Whenever the challenge arises, whether it is to the original or subsequent decision, it is the rationality and lawfulness of the first decision which ultimately determines the issue (per Mr Justice Mitting at para 12).

Issue: 7302 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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