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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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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

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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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