The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act 2005.
Held: ‘The Divisional Court’s view that the predominant factor in deciding where the interests of justice lay was whether a change in circumstances had occurred between those which obtained at the time that the agreement with the specified prosecutor was made and the time at which consideration of whether to refer the case back to the original sentencing court took place cannot be upheld. Consideration of the interests of justice in this context involves an open-ended deliberation. Section 74(3) imposes no explicit constraint on how the specified prosecutor should approach the question and there is no warrant, in my opinion, for implying a fetter on the exercise of the unrestricted discretion for which the statute clearly provides.’
Judges:
Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath, Lord Hughes
Citations:
[2017] UKSC 63, [2017] WLR(D) 674, [2017] 1 WLR 3963, [2018] 1 All ER 361, [2018] 1 Cr App R (S) 21, [2018] NI 88, UKSC 2015/0110
Links:
Bailii, Bailii Summary, Supreme Court Summay, SC, SC Sgummary Video, SC Video 20170620 am, SC Video 20170620 Pm, WLRD
Statutes:
Serious Organised Crime and Police Act 2005
Jurisdiction:
Northern Ireland
Citing:
Appeal from – Loughlin, Re Judicial Review QBNI 21-Apr-2015
. .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v Shippey and Jedynak 1988
The defendants were tried for rape. The defence pleaded no case to answer saying that the complainant’s evidence was weak uncorroborated and inconsistent.
Held: The judge should assess the evidence and if the evidence of the witness upon whom . .
Cited – Police Service of Northern Ireland v LO CANI 2-Feb-2006
Appeal by way of case stated from a decision of a magistrate whereby he found that the respondent, LO, had no case to answer on a charge of breach of a non-molestation order and on charges of assaulting the first complainant JH occasioning her . .
Cited – Courtney, Regina v CANI 26-Jan-2007
Application for leave to appeal against a ruling of no case to answer. . .
Cited – P, Regina v; Regina v Blackburn CACD 22-Oct-2007
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs . .
Cited – Regina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne QBD 17-May-2000
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict . .
Cited – Mohit v The Director of Public Prosecutions of Mauritius PC 25-Apr-2006
(Mauritius) The board was asked whether the decision of the Director to discontinue a private prosecution was a decision capable of review by the courts under the constitution of Mauritius. . .
Cited – Sharma v Brown-Antoine, Deputy Director of Public Prosecutions and others PC 30-Nov-2006
(Trinidad and Tobago) Complaint was made as to a decision to begin professional discliplinary proceedings against a senior member of the judiciary.
Held: Although a decision to prosecute was in principle susceptible to judicial review on the . .
Cited – Mooney, Re Judicial Review QBNI 8-Apr-2014
. .
Cited – Kincaid, Re Application for Judicial Review QBNI 19-Apr-2007
Application for judicial review of the avowed failure of the Public Prosecution Service to provide reasons for the decision not to prosecute a suspect for shooting the applicant. . .
Cited – McCabe, Re Judicial Review QBNI 27-Apr-2010
. .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Criminal Practice
Updated: 15 September 2022; Ref: scu.597259
