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26 June 2008 / Michael Zander KC
Issue: 7327 / Categories: Features , Legal services , Procedure & practice
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Rejecting Carter

Professor Michael Zander assesses the 24 main responses to the Gage working group's consultation paper on sentencing

The Sentencing Working Group, chaired by Lord Justice Gage, is currently considering two main proposals: adoption of an American-style grid system that would drastically restrict judicial discretion and establishment of a Sentencing Commission that could be required to tailor sentencing guidelines to fit the size of the prison estate.

Lord Carter, in his report, Securing the Future-Proposals for the Efficient and Sustainable Use of Custody in England and Wales, December 2007 (see NLJ, 1 February 2008, p 162), recommended that these two ideas be considered by a working party which should report “by summer 2008”. (The working group, on a seriously tight schedule, aims to report early in July.)

The working group's consultation paper issued on 31 March called for responses by 2 June. When the secretariat declared the consultation closed, it was stated that there had been 228 responses. This count is, however, misleading since a high proportion were effectively duplicates. Thus, for instance,

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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