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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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SENTENCING

R v Seed; R v Stark [2007] All ER (D) 161 (Feb)

The court gave further guidance on the imposition of custodial sentences at a time of prison overcrowding:
 

(i) It does not follow from the fact that the custody threshold—Criminal Justice Act 2003 (CJA 2003), s 152(2)—has been passed that a custodial sentence has to be imposed, since the effect of a guilty plea or of personal mitigation might make it appropriate to impose a non-custodial sentence.

(ii) When considering the length of the sentence (under s 153(2)), it should be borne in mind that the prison regime is likely to be more arduous as a result of overcrowding.

(iii) Unless imprisonment is necessary for the protection of the public, courts should always give consideration to the question of whether the aims of rehabilitation, and thus the reduction of crime, could be better achieved by a fine or community sentence rather than by imprisonment, and whether punishment could adequately be achieved by such a sentence.

(iv) While there might previously have been reluctance to impose fines because fines were often not enforced, enforcement of fines is now rigorous and effective. Where an  offender has the means, a heavy fine can often be an adequate and appropriate punishment. If so, CJA 2003 requires a fine to be imposed rather than a community sentence.

(v) Particular care should be exercised before imposing a custodial sentence on a first-time offender. Association with seasoned criminals might make re-offending more likely rather than deter it, especially if the offender is young. A clean record can be important personal mitigation and might make a custodial sentence inappropriate despite the fact that the custodial threshold is crossed.

Issue: 7261 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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