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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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SENTENCING

R v Seed; R v Stark [2007] All ER (D) 161 (Feb)

The court gave further guidance on the imposition of custodial sentences at a time of prison overcrowding:
 

(i) It does not follow from the fact that the custody threshold—Criminal Justice Act 2003 (CJA 2003), s 152(2)—has been passed that a custodial sentence has to be imposed, since the effect of a guilty plea or of personal mitigation might make it appropriate to impose a non-custodial sentence.

(ii) When considering the length of the sentence (under s 153(2)), it should be borne in mind that the prison regime is likely to be more arduous as a result of overcrowding.

(iii) Unless imprisonment is necessary for the protection of the public, courts should always give consideration to the question of whether the aims of rehabilitation, and thus the reduction of crime, could be better achieved by a fine or community sentence rather than by imprisonment, and whether punishment could adequately be achieved by such a sentence.

(iv) While there might previously have been reluctance to impose fines because fines were often not enforced, enforcement of fines is now rigorous and effective. Where an  offender has the means, a heavy fine can often be an adequate and appropriate punishment. If so, CJA 2003 requires a fine to be imposed rather than a community sentence.

(v) Particular care should be exercised before imposing a custodial sentence on a first-time offender. Association with seasoned criminals might make re-offending more likely rather than deter it, especially if the offender is young. A clean record can be important personal mitigation and might make a custodial sentence inappropriate despite the fact that the custodial threshold is crossed.

Issue: 7261 / Categories: Case law , Law digest
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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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