(Southwark Crown Court) Thomas LJ said: ‘It is clear, therefore that the SFO cannot enter into agreement under the laws of England and Wales with an offender as to the penalty in respect of the offence charged . . although the sentencing submission proceeded to put forward a specific proposal as opposed to the range as set out in the authorities, that must have been because the provisions of the consolidated criminal practice direction had not been fully appreciated . . The Practice Direction reflects the constitutional principle that, save in minor matters such as motoring offences, the imposition of a sentence is a matter for the judiciary. Principles of transparent and open justice require a court sitting in public itself first to determine by a hearing in open court the extent of the criminal conduct on which the offender has entered the plea and then, on the basis of its determination as to the conduct, the appropriate sentence. It is in the public interest, particularly in relation to the crime of corruption, that although, in accordance with the Practice Direction, there may be discussion and agreement as to the basis of plea, the court must rigorously scrutinise in open court in the interests of transparency and good governance the basis of that plea and to see whether it reflects the public interest . . This has always been the position under the law of England and Wales. Agreements and submissions of the type put forward in this case can have no effect.’
Judges:
Thomas LJ
Citations:
[2010] EW Misc 7 (EWCC), [2010] Lloyd’s Rep FC 462, [2010] Crim LR 665
Links:
Jurisdiction:
England and Wales
Cited by:
Approved – Regina v Dougall CACD 13-May-2010
The defendant had pleaded guilty to conspiracy to corrupt in having provided inducements for the award of medical supplies contracts to Greece. He appealed against a sentence of twelve months imprisonment, saying that it should have been suspended . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Constitutional
Updated: 18 August 2022; Ref: scu.416022