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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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