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29 November 2007
Issue: 7299 / Categories: Case law , Law digest
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Criminal litigation

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

Justices indicated that the defendant would not be committed to the crown court for sentence provided that the pre-sentence report did not disclose he was a danger to the public. Although the report stated that he was not, a district judge subsequently ordered his committal for sentence.

HELD Whenever the challenge arises, either after an indication or after a subsequent decision contrary to that indication, it is the rationality or lawfulness of the original decision that ultimately determine the issue.

Although it is the later decision that is under review, there are no circumstances in which an indication which was properly given can be overridden by a subsequent decision without that decision being regarded as irrational or unlawful.

In this case, the circumstances were capable of justifying the original decision of the justices and so effect should be given to that indication; the decision to commit the defendant for sentence would be quashed.

 

Issue: 7299 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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