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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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Bird Bird hires leading legal transformation expert

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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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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