header-logo header-logo

Plaku: a missed opportunity?

09 July 2021 / Martin Rackstraw
Issue: 7940 / Categories: Opinion , Criminal
printer mail-detail
52398
Decisions which lengthen sentences for no obvious reason will not help an already critical situation, as Martin Rackstraw reports

The backlog of Crown Court cases waiting to be heard stands at almost 60,000. UK prisons remain chronically overcrowded, dangerous and unhealthy. The criminal justice system—already under severe strain before the pandemic—is near breaking point. But the Court of Appeal, it appears, never misses an opportunity to ensure that more defendants are locked up for as long as possible.

In the latest in a series of dispiriting judgments, in R v Plaku and others [2021] EWCA Crim 568, [2021] All ER (D) 56 (Apr) the court considered the question of when the maximum one-third reduction should be applied to a sentence in the Crown Court. The decision will cause considerable difficulties for defence practitioners and judges, and should be of concern to anyone who cares about having an effective and proportionate system of sentencing.

What was the main issue facing the court?

If a defendant enters a formal guilty plea at their first

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