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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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