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Sixth Form Law |
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Sentencing - reforms
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The Corston Report
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In 2007, Baroness Corston produced a report about the imprisonment of women. |
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R (Noone) v Secertary of State for Justice and HMP Drake Hall [2008] EWHC 207 (Admin) |
An important sentencing case, with the judiciary expressing now familiar despair: "The position at which I have arrived and which I will explain in detail in a moment is one of which I despair. It is simply unacceptable in a society governed by the rule of law for it to be well nigh impossible to discern from statutory provisions what a sentence means in practice. That is the effect here. Under the provisions of the Criminal Justice Act 1991, as indeed under many statutes before it, the imposition of consecutive sentences for different offences was permissible. The power to impose consecutive sentences appears to derive from common law. It is re-enacted in section 154(1) of the Powers of Criminal Courts (Sentencing) Act 2000, which provides that a sentence imposed by the Crown Court shall take effect from the beginning of the day on which it is imposed unless the court otherwise directs. The court is accordingly impliedly empowered to direct that an element of successive sentences shall be served consecutively. " This case seeks to resolve the release point for short terms prisoners who are eligible for release on HDC. Home Office policy was ruled unlawful. |