Attorney General’s Reference (No 11 of 2006) Regina v Scarth: CACD 21 Mar 2006

The Attorney General referred the defendant’s sentence to the court as being unduly lenient. The judge had remarked as to the overcrowding of prisons. He had passed a suspended sentence of 12 months in a young offenders’ institution with 100 hours community service for possession with intent to supply of a class A drug.
Held: Part of the purpose of sentencing was the reform of the offender, and overcrowding could be relevant where the sentencer’s decision was on the cusp as to whether a custodial sentence was necessary, but that did not apply in this case. The suspension of the sentence in this case was inappropriate.

Judges:

Lord Phillips LCJ, McCombe J, Gross J

Citations:

Times 28-Mar-2006

Statutes:

Criminal Justice Act 1988 36

Criminal Sentencing

Updated: 01 May 2022; Ref: scu.240308