header-logo header-logo

The NLJ Column

17 January 2008 / John Cooper KC
Issue: 7304 / Categories: Features
printer mail-detail

1998-2008: State and citizen - when two parties break up

When a person is found not guilty by their jury, it was long thought that that represented the limit of the power of the state to impose punishment upon the citizen. This had been seen to be a legitimate balance and counterbalance between the powers and resources of the state and the relative weakness of the individual within a democratic society. But over the last two decades, this historic axis has been slowly shifted.

Twenty years ago, the Court of Appeal would only hear appeals brought by defendants who had been convicted or sentenced in the crown court, and the prosecution had no right of redress if it was of the view that a defendant had been wrongly acquitted or inadequately sentenced.

The Criminal Justice Act 1988, ss 35 and 36, provided that a sentence may be increased upon the attorney general’s reference. Parliament thus gave the state power to challenge the sentence of a judge, and though creating a fault-line in the delicate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll