header-logo header-logo

03 January 2008 / Peter Hungerford-welch
Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll