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17 January 2008 / John Cooper KC
Issue: 7304 / Categories: Features
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The NLJ Column

1998-2008: State and citizen - when two parties break up

When a person is found not guilty by their jury, it was long thought that that represented the limit of the power of the state to impose punishment upon the citizen. This had been seen to be a legitimate balance and counterbalance between the powers and resources of the state and the relative weakness of the individual within a democratic society. But over the last two decades, this historic axis has been slowly shifted.

Twenty years ago, the Court of Appeal would only hear appeals brought by defendants who had been convicted or sentenced in the crown court, and the prosecution had no right of redress if it was of the view that a defendant had been wrongly acquitted or inadequately sentenced.

The Criminal Justice Act 1988, ss 35 and 36, provided that a sentence may be increased upon the attorney general’s reference. Parliament thus gave the state power to challenge the sentence of a judge, and though creating a fault-line in the delicate

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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