header-logo header-logo

09 July 2021 / Martin Rackstraw
Issue: 7940 / Categories: Opinion , Criminal
printer mail-detail

Plaku: a missed opportunity?

52398
Decisions which lengthen sentences for no obvious reason will not help an already critical situation, as Martin Rackstraw reports

The backlog of Crown Court cases waiting to be heard stands at almost 60,000. UK prisons remain chronically overcrowded, dangerous and unhealthy. The criminal justice system—already under severe strain before the pandemic—is near breaking point. But the Court of Appeal, it appears, never misses an opportunity to ensure that more defendants are locked up for as long as possible.

In the latest in a series of dispiriting judgments, in R v Plaku and others [2021] EWCA Crim 568, [2021] All ER (D) 56 (Apr) the court considered the question of when the maximum one-third reduction should be applied to a sentence in the Crown Court. The decision will cause considerable difficulties for defence practitioners and judges, and should be of concern to anyone who cares about having an effective and proportionate system of sentencing.

What was the main issue facing the court?

If a defendant enters a formal guilty plea at their first

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll