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Proportionality (Principle of Proportionality (Hoare v The Queen - a basic…
Proportionality
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History
Article 8 of the Declaration of the Rights of man - only create penalties that are strictly and evidently ecessary
Clause 20 of the Magna Carta 1215 " a Free Man shall be amerced for a mall offece only according to the degree of the offence"
Bill of Rights 1689 "excessive bail ought not to be required nor excessive fines imposed nor cruel or unusual punishments inflicted.
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Indefinite Sentences
Indefintite sentences
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serious offence in the Supreme Court of the COunty Court (defined in s3 incl. Murder, Manslaughter, Child Homicide
The court rather than the adult parole board decides on release dependant on danger to the community.
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Continutiong detention Part 3 of the Serious Sex Offender (supervision and detention Act) act 2009 continuing detention for up to three years, order can be renewed if risk of reoffending remains, must be renewed once every year.
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