Sentencing in UK Law

Leading Cases
  • HH v Deputy Prosecutor of the Italian Republic, Genoa
    • Supreme Court
    • 20 juin 2012

    When resistance to extradition is advanced, as in effect it is in each of these appeals, on the basis of the article 8 entitlements of dependent children and the interests of society in their welfare, it should only be in very rare cases that extradition may properly be avoided if, given the same broadly similar facts, and after making proportionate allowance as we do for the interests of dependent children, the sentencing courts here would nevertheless be likely to impose an immediate custodial sentence: any other approach would be inconsistent with the principles of international comity.

  • Bolton v The Law Society
    • Court of Appeal (Civil Division)
    • 06 décembre 1993

    But none of them touches the essential issue, which is the need to maintain among members of the public a well-founded confidence that any solicitor whom they instruct will be a person of unquestionable integrity, probity and trustworthiness. The reputation of the profession is more important than the fortunes of any individual member. Membership of a profession brings many benefits, but that is a part of the price.

  • Patrick Reyes v The Queen
    • Privy Council
    • 11 mars 2002

    It is plain that the Advisory Council has a most important function to perform. The administration of justice involves the determination of what punishment a transgressor deserves, the fixing of the appropriate sentence for the crime. The grant of mercy involves the determination that a transgressor need not suffer the punishment he deserves, that the appropriate sentence may for some reason be remitted. The former is a judicial, the latter an executive, responsibility.

  • R (Appellant) Hall (1) and Another Ferris (2) and Another A Walker (3) and Another P Walker (4) and Another Dan (5) and Another Stones (6) and Another Robertson (7) and Another P (8) (Respondents)
    • Court of Appeal (Criminal Division)
    • 24 novembre 2011

    (a) Sentence will be imposed at the date of the sentencing hearing, on the basis of the legislative provisions then current, and by measured reference to any definitive sentencing guidelines relevant to the situation revealed by the established facts.

  • R v Appleby (Declan Paul) and Others
    • Court of Appeal (Criminal Division)
    • 18 décembre 2009

    If it is necessary to examine any sentencing decisions prior to Furby, and indeed prior to this judgment, they should be examined with the clear understanding that none of the decisions we have seen, and each member of the court has studied a good many more sentencing decisions than those cited to us, has proceeded on the basis which we have now addressed, that crimes which result in death should be treated more seriously, not so as to equate the sentencing in unlawful act manslaughter with the sentence levels suggested in schedule 21 of the 2003 Act, but so as to ensure that the increased focus on the fact that a victim has died in consequence of an unlawful act of violence, even where the conviction is for manslaughter, should, in accordance with the legislative intention, be given greater weight.

  • Salsbury v Law Society
    • Court of Appeal (Civil Division)
    • 25 novembre 2008

    The correct analysis is that the Solicitors Disciplinary Tribunal comprises an expert and informed tribunal, which is particularly well placed in any case to assess what measures are required to deal with defaulting solicitors and to protect the public interest. Absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.

  • Re Findlay
    • House of Lords
    • 15 novembre 1984

    Given the substance and purpose of the legislative provisions governing parole, the most that a convicted prisoner can legitimately expect is that his case will be examined individually in the light of whatever policy the Secretary of State sees fit to adopt provided always that the adopted policy is a lawful exercise of the discretion conferred upon him by the statute.

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Legislation
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Books & Journal Articles
  • Sentencing Women
    • Nbr. 44-3, September 1997
    • Probation Journal
  • Sentencing Panels
    • Nbr. 25-3, September 1978
    • Probation Journal
  • Sentencing Derrida
    • Nbr. 74-2, March 2011
    • The Modern Law Review
  • Borderline sentencing
    • Nbr. 7-3, August 2007
    • Criminology & Criminal Justice
    This article draws together findings from two related studies of sentencing in England and Wales, and Scotland. It examines how sentencers in the two jurisdictions differ in their sentencing decisi...
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Law Firm Commentaries
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Forms
  • Chapter CBTM12050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... . serving a custodial sentence under. section 76 of the Powers of Criminal Courts (Sentencing) Act 2000. article 2(2) of the Criminal Justice (Northern Ireland) Order 1996.  . or. serving a sentence of detention or imprisonment under ......
  • Chapter IDG52800
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......The Legal Aid Sentencing and Punishment of Offenders Act 2012 came into force on 1 April 2013, and S22 provides that ‘an information request may be made only for the ......
  • Chapter DMBM660070
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......The clerk generally sits in front of the magistrates in court and acts as their advisor on law, procedure and sentencing. In many courts the clerk may also. receive complaints. issue summonses. adjourn hearings by consent of all parties concerned. issue distress ......
  • Chapter SG15150
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Under section 130(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000, a court may require a convicted person to pay compensation for any loss of tax resulting from the offence. 130(1)(a) A court by or before ......
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