header-logo header-logo

28 June 2007
Issue: 7279 / Categories: Case law , Law digest
printer mail-detail

Sentencing

R v Harries [2007] All ER (D) 48 (Jun)

Neither s 234 of the Criminal Justice Act 2003 (CJA 2003) nor the provisions of the CJA 2003  (Commencement No 8 and Transitional and Saving Provisions) Order 2005 (SI 2005/950) empower a court to impose a sentence on an individual as though the offence had been committed after 5 April 2005 (the commencement date of the dangerousness provisions of CJA 2003), merely because the dates on the relevant count straddle that date.

In a case where a count on an indictment spans the commencement date, the court should not impose any penalty under ss 224 to 229 unless it is satisfied that at least one relevant offence was committed after the  commencement date. Once it is so satisfied, the mere fact that the count on the indictment has been framed in such a way to straddle the commencement date would not prevent the court applying, if appropriate, the dangerousness provisions for that offence.

Even if it is not open to the court to invoke the dangerousness provisions in respect of offences committed before the commencement date, if there are qualifying offences committed after it, those committed before might have some bearing on the issue of dangerousness or the determination of the minimum term.

Issue: 7279 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll