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Finally, he observed, it was necessary to take account of the fact that the traditional aims of punishment had been transformed by the Constitution.P confirmed the need for a re-appraisal of the juvenile justice system in the light of the Constitution.A court should, when determining sentence, strive to accomplish and arrive at a judicious counterbalance between these elements in order to ensure that one element is not unduly accentuated at the expense of and to the exclusion of the others.
We are grateful to all the above persons for the careful and methodical manner in which they undertook their tasks.
Find decisions on appeals to the Upper Tribunal (Administrative Appeals Chamber), including social security and child support appeals.
This includes decisions made from January 2016 onwards.
You can find details of decisions made in 2015 or earlier on the Courts and Tribunals Judiciary website.
When considering whether to impose imprisonment on the primary caregiver of young children, did the courts below pay sufficient attention to the constitutional provision that in all matters concerning children, the children’s interests shall be paramount?
Aided by this most helpful material I respond in sequence to the questions as formulated in the directions. What are the duties of the sentencing court in the light of section 28(2) of the Constitution and any relevant statutory provisions when the person being sentenced is the primary caregiver of minor children?