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The NLJ Column

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
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As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
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