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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
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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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