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03 January 2008 / Peter Hungerford-welch
Issue: 7302 / Categories: Case law , Law digest , In Court
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Criminal Litigation

R (Harrington) v Bromley Magistrates Court [2007] EWHC 2896 (Admin), [2007] All ER (D) 199 (Nov)

 The magistrates indicated that the defendant would not be committed to the crown court for sentence provided that the pre-sentence report did not disclose that he was a danger to the pub­lic.

 

Although the report stated that he was not, he was nonetheless subsequently committed for sentence. He argued that his committal was un­lawful, being contrary to a legitimate expectation engendered by the indication that had been given by the justices.

 

HELD When the challenge is not to the origi­nal decision, but to the decision to commit despite the indication given by the magistrates, the court is reviewing the reasonableness of the decision to commit for sentence, not the view taken by the original bench. However, it is im­possible to conceive of circumstances in which a properly given indication could be gone back on by a subsequent decision without that deci­sion itself being held to be irrational or unlaw­ful.

Whenever the challenge arises, whether it is to the original or subsequent decision, it is the rationality and lawfulness of the first decision which ultimately determines the issue (per Mr Justice Mitting at para 12).

Issue: 7302 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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