Sentencing in UK Law

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

  • 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 Noviembre 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.

  • Re Findlay
    • House of Lords
    • 15 Noviembre 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.

  • Salsbury v Law Society
    • Court of Appeal (Civil Division)
    • 25 Noviembre 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 Noviembre 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.

  • R v Secretary of State for the Home Department, ex parte Doody ; R v Same, ex parte Pierson ; R v Same, ex parte Smart ; R v Same, ex parte Pegg
    • House of Lords
    • 24 Junio 1993

    Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result: or after it is taken, with a view to procuring its modification; or both.

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Books & Journal Articles
  • Borderline sentencing
    • No. 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...
  • Sentencing young offenders
    • No. 5-3, August 2005
    • Criminology & Criminal Justice
    This article presents findings from a survey that systematically explores public opinion, youth crime and justice in England and Wales. Particular emphasis was place...
  • Alchemy in sentencing
    • No. 4-4, October 2002
    • Punishment & Society
    In the summer of 2001, the Home Office issued the Report of the Sentencing Review containing over 50 recommendations to reform the sentencing and parole systems in England and Wales. The White Pape...
  • Sentencing multiple conviction offenders
    • No. 20-1, January 2023
    • European Journal of Criminology
    Sentenced offenders who re-offend prior to serving their previously imposed sentence (multiple conviction offenders) are situated between multiple and repeat offenders. This article examines how th...
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Law Firm Commentaries
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  • 28)
    • HM Courts & Tribunals Service court and tribunal forms
    Criminal Case Management forms including hearing forms.
    ... ... to date of S.28 hearing, and that the S.28 hearing will count as the first day of the trial for the purposes of credit as defined by the Sentencing Council, and the maximum credit s/he may receive at PCMH is 10% ... Signature by ... ...
  • 28)
    • HM Courts & Tribunals Service court and tribunal forms
    • HM Courts & Tribunals Service
    Criminal Case Management forms including hearing forms.
    ... ... The defendant has been advised that credit for a guilty plea will be given in accordance with the Sentencing Council’s Definitive Guideline published 1st June 2017’ ... Defence and Prosecution Counsel recognise their respective duties to obtain ... ...
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