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Revisiting a sentence

  • 06-07-2008 10:34pm
    #1
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭


    This charming story from the Indo got me thinking - can a judge revisit or change a sentence passed by him if it transpires that the plea in mitigation was incorrect?

    I don't think he can activate the suspended sentence unless the person does not keep the peace or be of good behaviour. Likewise, there is no prosecutorial appeal in the district court.

    It seems to me that a judge should be able to alter his decision if it later transpires that the facts as presented were incorrect, but I'm not sure that there is any way that he can. I suppose contempt of court proceedings would be the only option.

    Any ideas?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Johnny, I believe there was some amendment in the 2007 CJA which provides for re-visiting in certain cases. Will check and revert.


  • #3
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    Tom - looked at CJA 2007 but could not find provisions regarding revisit of sentence.

    Johnny - I concur that contempt is (probably?) the only current mechanism and that it would be a good idea to define and provide a proper system for revisiting sentencing in cases such as the one mentioned above.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    johnnyskeleton wrote: »
    I suppose contempt of court proceedings would be the only option.
    Against the solicitor or accused? Its quite possible the accused said little in court.

    It think AA (the alcohol one, not the motoring one) might be a useful direction.


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