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28 June 2007
Issue: 7279 / Categories: Case law , Law digest
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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
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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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