Sentencing in UK Law

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

  • Patrick Reyes v The Queen
    • Privy Council
    • 11 Mar 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 Nov 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 Dic 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 Nov 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.

  • R v C (P)
    • Court of Appeal (Criminal Division)
    • 26 Nov 2008

    Returning to the exercise of the court's discretion, or more accurately, its judgment, whether a sentence of imprisonment for public protection should be passed when the necessary criteria are established, the court is entitled to and should have in mind all the alternative and cumulative methods of providing the necessary public protection against the risk posed by the individual offender.

  • Re Attorney General's Reference (No.152 of 2002); R v Robert Charles Cooksley
    • Court of Appeal (Criminal Division)
    • 03 Abr 2003

    We make clear that starting points only indicate where a person sentencing should start from when seeking to determine what should be the appropriate sentence. There is, however, a danger in relation to the higher starting points of the sentencer, if he is not careful, double accounting. The sentencer must be careful not to use the same aggravating factors to place the sentence in a higher category and then add to it because of the very same aggravating features.

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Legislation
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Books & Journal Articles
  • Sentencing Derrida
    • Núm. 74-2, Marzo 2011
    • The Modern Law Review
  • Sentencing Councils and Victims
    • Núm. 75-3, Mayo 2012
    • The Modern Law Review
    This article explores the place victims have, and should have, in bodies that formulate sentencing guidelines, with particular reference to sentencing guidelines in England and Wales and the Senten...
  • Sentencing Policy and Economic Crime
    • Núm. 6-1, Marzo 1998
    • Journal of Financial Crime
    • 15-25
    The aim of this article is to examine those philosophical and structural factors which have been responsible for shaping sentencing policy for economic crime in the UK and to analyse some key decis...
  • Malaysia: Sentencing White‐Collar Offenders
    • Núm. 3-4, Febrero 1996
    • Journal of Financial Crime
    • 403-405
    The Royal Malaysia Police refer to white collar crime as commercial crime and the Commercial Crime Division of its Criminal Investigation Department (CID) deals with offences such as criminal breac...
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Law Firm Commentaries
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