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26 June 2008 / Michael Zander KC
Issue: 7327 / Categories: Features , Legal services , Procedure & practice
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Rejecting Carter

Professor Michael Zander assesses the 24 main responses to the Gage working group's consultation paper on sentencing

The Sentencing Working Group, chaired by Lord Justice Gage, is currently considering two main proposals: adoption of an American-style grid system that would drastically restrict judicial discretion and establishment of a Sentencing Commission that could be required to tailor sentencing guidelines to fit the size of the prison estate.

Lord Carter, in his report, Securing the Future-Proposals for the Efficient and Sustainable Use of Custody in England and Wales, December 2007 (see NLJ, 1 February 2008, p 162), recommended that these two ideas be considered by a working party which should report “by summer 2008”. (The working group, on a seriously tight schedule, aims to report early in July.)

The working group's consultation paper issued on 31 March called for responses by 2 June. When the secretariat declared the consultation closed, it was stated that there had been 228 responses. This count is, however, misleading since a high proportion were effectively duplicates. Thus, for instance, no fewer than 102 of the 228 responses came from

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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