The effective prosecution of multiple offending : report on a reference under section 3(1)(e) of the law commissions act 1965
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Bibliographic Information
The effective prosecution of multiple offending : report on a reference under section 3(1)(e) of the law commissions act 1965
（Law Com., no. 277）
TSO, 2002
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"Presented to the Parliament of the United Kingdom by the Lord High Chancellor by Command of Her Majesty, October 2002"
"Cm5609"
Description and Table of Contents
Description
This report makes recommendations for changes to criminal practice and procedure which should facilitate the more effective prosecution of those who have committed multiple offences. The problems arise in cases where the offending conduct of the defendant is repeated many times - too many individual offences to be accommodated in a single trial. Formerly, such offending was dealt with by way of indictment charging offences which were regarded as specimens of a wider range of offending. Lord Bingham adjudicated in the Kidd & ors Court of Appeal case that a fundamental principle of sentencing was undermined if not all the offences were taken into account along with the specimen offences, and therefore the full criminality of a defendant's action was not being seen. However, remedying this poses a number of problems in terms of practicality and time, where there are limits on how many single offences can be managed within a jury trial.
It is seen that the present system cannot fully accommodate two fundamental principles: that defendants should only be sentenced for that which they have admitted or have been proved through trial, and, examined on the evidence; it should be possible to sentence for the totality of an individual's offending.
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