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29 November 2007
Issue: 7299 / Categories: Case law , Law digest
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Criminal litigation

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

Justices indicated that the defendant would not be committed to the crown court for sentence provided that the pre-sentence report did not disclose he was a danger to the public. Although the report stated that he was not, a district judge subsequently ordered his committal for sentence.

HELD Whenever the challenge arises, either after an indication or after a subsequent decision contrary to that indication, it is the rationality or lawfulness of the original decision that ultimately determine the issue.

Although it is the later decision that is under review, there are no circumstances in which an indication which was properly given can be overridden by a subsequent decision without that decision being regarded as irrational or unlawful.

In this case, the circumstances were capable of justifying the original decision of the justices and so effect should be given to that indication; the decision to commit the defendant for sentence would be quashed.

 

Issue: 7299 / Categories: Case law , Law digest
printer mail-details

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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